The trucking company is responsible for the acts of its employee as long as the trucker was acting in the course of his employment.
El Paso, TX – If you live in Texas, you’re more likely to be involved in a truck accident than anywhere else in the country. Texas ranks first for the most trucking accidents and insurance companies are not very happy about it. Truck accidents tend to cause a higher number of severe injuries or deaths, and this means insurers have to pay a lot of money to their policyholders. If you were recently involved in this type of crash, it would be wise to look up the best El Paso truck accident lawyers right away. A lawyer with many years of experience in this field can help you determine the true cause of the accident, establish who is liable for damages and they can also negotiate with the insurance company on your behalf.
Determining liability is essential in this type of claim. If you have sustained considerable damages, the trucker’s insurance might not be enough to cover your losses. You need to look for other sources. The trucking company’s insurance is your best bet if you have a lot of money to recover.
Just to give you an idea, trucking companies are required by law to carry a minimum of $750,000 in liability coverage and $5 million if it carries hazardous materials.
How can you use vicarious liability to hold a trucking company accountable?
Vicarious liability is a legal theory that can be used to hold a trucking company accountable for the trucker’s actions when you do not have a separate claim of negligence against the trucking company. In Texas, vicarious liability is also known as respondeat superior, a Latin phrase meaning ‘the employer will answer’. The trucking company is responsible for the acts of its employee as long as the trucker was acting in the course of his employment. To use vicarious liability, knowledgeable Texas truck accident lawyers will have to prove that:
- The trucker was working under the direct charge of the trucking company’s instructions at the time of the crash.
- The trucking company had the authority to direct the truck driver’s actions.
- The actions of the truck driver at the time of the crash were directly in the scope of his job duties and employment.
When is the trucking company liable for damages?
Vicarious liability is the last resort option. Seasoned Texas truck accident lawyers will first try to prove that the trucking company itself is guilty of negligence.
The trucking company can be accused of negligence if the crash was caused by a mechanical malfunction. For instance, if the trucker tried to stop but the brakes failed, you may have a case against the company, as vehicle maintenance is their responsibility.
If your lawyers discover that the trucker did not receive proper training, you may blame his employer for the error the driver committed.
The same goes for accidents caused by driver fatigue. If the trucking company encouraged the driver to ignore federal Hours of Service regulations, they are directly responsible for the crash.
If you were recently involved in an accident or have other legal issues and you’re wondering where can I find attorneys near me, don’t worry, help is just a few clicks away. Just follow the link and select your state and city, choose your lawyer, and schedule a free consultation. They’ll take care of your problem in no time.