Truck accidents often leave victims with serious, sometimes lifelong, injuries. The ramifications of this harm can be devastating. Victims can be left with physical limitations, emotional turmoil, and financial losses that can be crippling. Fortunately, these victims can sometimes recover compensation for their damages if they can successfully show that their injuries were caused by the negligence of another.
However, even those victims who are able to successfully impose liability on a negligent trucker may not be able to recover the full extent of their losses. This is because truckers, in their individual capacity, often simply don’t have enough resources to pay the judgments imposed upon them. So what can truck accident victims do to avoid this kind of outcome? Pursue a vicarious liability lawsuit.
What is vicarious liability?
Vicarious liability holds an employer accountable for the actions of its employee. In the truck accident context, then, a truck company may be held legally responsible for the injuries caused by a negligent trucker who is under its employ. To win a vicarious liability case, a victim has to prove certain legal elements, such as that the trucker who acted negligently was employed by the truck company, was performing his or her job duties when the accident occurred, and that the employer benefited from the activities being performed by the trucker at the time of the wreck.
Those who are able to succeed on vicarious liability claim are able to reach into deeper pockets. This means that they are usually better suited to recover the damages they need to fully recoup their losses.
Stand up to truck companies
Suing a truck company can be intimidating. But you don’t have to be frightened into inaction or pressured into an unfavorable settlement. Instead, you can seek out help from a personal injury attorney who will know how to build your case and fight for what you deserve.