Truck accidents can leave devastation in their wake. While the property damage can be significant, the personal injuries suffered can be catastrophic. Yet, even comparatively minor injuries can cause significant damages. Physical and emotional pain and suffering can quickly become overwhelming, and the financial toll can be crushing. If you or a loved one is facing this tragic reality, then you need to consider all of your options, including those that are legal in nature.
But you might be wondering who you can hold accountable for the truck accident that caused so much damage. It’s a good question, and one that you shouldn’t take too lightly. After all, an individual trucker probably doesn’t have the financial resources you need to recoup your losses.
The basics of vicarious liability
Fortunately, you probably have an additional option when it comes to seeking accountability and compensation: pursuing vicarious liability. Vicarious liability allows you to hold an employer accountable for the negligent actions of its employees. If successful in imposing vicarious liability, you can reach a much larger pool of resources that are more capable of compensating you for your harm.
Vicarious liability isn’t automatically imposed, though. Instead, you have to plead it when you file your claim, and you’ll have to prove certain legal elements. Oftentimes in these cases victims will face pushback from truck companies and their insurers who argue that truckers were acting beyond the scope of their employment or were otherwise engaging in frolic or detour. Distracted driving, deviations from employer-mandated routes, and driving a truck for personal use can all come into play in your case.
Protecting your claim to damages
If you’ve been hurt by another’s negligence, then you deserve to be made as whole as possible. This might mean going toe-to-toe with aggressive insurance defense firms who are well-versed in this area of the law. You need to be able to match them if you want to protect your claim and maximize your chances of succeeding on your claim. That’s why many truck accident victims choose to seek out assistance from a personal injury attorney who has a proven history of fighting and winning just outcomes.