When is a Trucking Company Liable for Your Accident?
There is a principle of common law that says that employees are agents of the company for which they are working. The company and the employee are considered to be one and the same. This legal doctrine is called respondeat superior. It is why trucking companies and their insurers fear experienced truck accident lawyers.
How Respondeat Superior Works
When a truck driver is acting within the scope of their employment, their employer is liable for their actions. Once they take the truck out on the road to do something that is a part of their job duties, their employer assumes legal responsibility. If the driver is careless and injures someone, the accident victim has a legal right to sue the trucking company for damages. The trucking company has a large insurance policy, so this can lead to a higher settlement.
What Is the Scope of Employment?
The dividing line here is that the driver has to be acting within the scope of their duties. If they are taking the truck for personal errands or they engage in intentional misconduct unrelated to their jobs, it may not be considered within the scope of their duties. However, nearly all things that truckers do relate to their jobs, and the companies end up being responsible. First, you must hire an experienced attorney to investigate the cause of the crash and establish that the truck driver was to blame. This is a challenging part of your case, but it is certainly possible.
Call a South Atlanta Truck Accident Lawyer
If you or a loved one have been injured in a South Atlanta truck accident, contact Ben F Windham PC online or call us at 833.236.9467 to discuss your case. We will learn about the facts during your free consultation and give you legal advice about how to recover financial compensation.