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When a Truck Accident is a Trucking Company’s Fault

Posted on Feb 23, 2014 by in Automobile Accidents | 0 comments

Employer liability can come into play when an accident occurs while the driver is performing the duties for his or her employers. These cases are often common in 18-wheeler accidents or commercial truck vehicles. Despite the fact that the cause of the accident is obviously the truck driver, many factors can still come into play that could make it difficult to pinpoint who is legally liable for the damages; it all depends on the legalities of assigning the responsibilities to the employer.

18-wheelers, also known as semi trucks or commercial trucks, are used generally for transportation of goods or hazardous materials. It can belong to a company or corporation, and is used mainly for business purposes. An employer can be held liable for a semi truck accident if it is proven that there is employer negligence or vicarious liability. Negligence on the part of the employer can be proven when the employer failed to conduct proper hiring process that lead to employing an unfit truck driver. Checking past records and conducting physical and mental examinations are some of the precautions that employers must do to ensure that they are hiring a safe driver. Likewise, employer negligence also comes in form of supervision: it is the responsibility of the employer to ensure that safety policies and rules and regulations are followed by each employee. Lapses in monitoring and supervising employees can make truck drivers oversee their skills and care, bringing about many 18-wheeler accidents.

On the other hand, vicarious liability is a doctrine of law arising under respondeat superior, or the common-law doctrine of making the employer liable for the actions of their employees provided that these actions were taking place within the extent of the employment. This is only applicable, however, if the employee is in the process performing the task given by the employer during the time of the accident. There are exceptions to his rules, such as intentionally acting in bad or inappropriate behaviors.

Employer liability can be a very difficult to deal with, therefore it would be easier to hire an attorney who knows more about truck accidents and personal injury lawsuits. Because many factors can affect a semi truck accident, having a lawyer who can advise when to settle or when to go to court, and assess the total damages to be compensation, can ease the burden.

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