When truck accidents happen, the usual blame goes to the truck driver for their negligence in performing their duty of care. While there are instances when an accident is clearly the fault of the driver, this is not always the case. According to the website of LaMarca Law Group P.C., there are times when an accident is indirectly caused by the negligence of the trucking company.
Determining the liability of an employer can prove to be a daunting task for the plaintiff. Chances are the trucking company will find a way to free themselves from any liability. But how can you pin the employer and make them liable for the truck accident? Let us take a look at some examples of employer liability.
One of the ways the employer can be held responsible for an accident is by hiring unsafe drivers. It is the responsibility of the trucking company to ensure that the drivers they will hire are fully qualified. It does not stop there though as the employer should also see to it that the driver consistently passes drug and alcohol tests.
The liability of a truck company is based on “respondeat superior” which is a Latin phrase meaning “let the superior make answer.” This means that an employer is liable for the wrongful acts committed by its employees regardless of whether or not they were unintentional and were committed within the scope of employment. This theory is based on the premise that accidents are likely to happen in the business and such the employer should be held liable for any accident.
One of the alibis that a trucking company would use in a case is that the driver who got involved in the accident is an independent contractor and are thus liable for their own expenses. This is important to show that the employer really failed to show reasonable care to other drivers.Learn More