A truck accident can leave a victim with serious injuries. Broken bones, torn ligaments, and extensive cuts and bruises are common, but so, too, are more serious injuries such as those pertaining to the brain and spinal cord. While the physical recovery from these injuries is nothing short of overwhelming, the financial damages can be insurmountable. That is, unless a victim is able to successfully pursue a personal injury lawsuit against a negligent trucker who caused the accident that left him or her harmed.
Yet, even successful claims against a trucker in his individual capacity may be insufficient for a victim who is looking to recover compensation for the full extent of his or her damages. Fortunately, these individuals may be able to reach the deeper pockets of negligent truckers’ employers through a vicarious liability clam.
Under this legal theory, an employer can be held liable for the actions of its employees if certain elements are met. Amongst those elements are that the employee was on the clock at the time of the incident in question, the accident occurred while the employee was performing his or her job duties, and the employer benefited from the duties the employee was performing at the time of the accident. It may sound relatively easy to prove these points, but the truth of the matter is that truck companies often claim that negligent truckers were acting outside the scope of their employment when these accidents occur. This is why it is often best to prepare these claims with the help of a qualified legal professional.
In the end, truck accident victims deserve the compensation they need to properly treat their injuries, recoup their lost wages, and ease their pain and suffering. While these matters can sometimes be negotiated, other times they require litigation. Strong legal advocates who are experienced in this area of the law will know how to negotiate with truckers and their employers to reach fair and favorable resolutions, but they will also know when a case is ripe for trial. When the latter is the case, a competent attorney can aggressively present the legal arguments needed to increase a truck accident victim’s chances of success on all claims, including those involving vicarious liability.