When is the Employer Responsible for a Truck Accident?
After a truck accident, a victim may be confused whether to hold the transportation company or the truck’s driver responsible for their injuries. Whoever is held responsible for the accident will be forced to pay compensation for all the damages that the accident created, so it is imperative to locate who is legally responsible. At Goings Law Firm, LLC, our Columbia truck accident attorneys understand how overwhelming the time after a traumatic accident may be, and we are here to assist our clients with any legal matters at hand.
Factors Affecting Who is At Fault in the Accidents
The primary governing legal doctrine for employee liability is “respondeat superior,” which holds that an employer is responsible for the actions of an employee so long as the employee was acting within the bounds of their employment. For truck drivers, the scope of employment may include driving the truck, vehicle maintenance, and other actions that are necessary to the completion of the truck driver’s job. Deciphering what is within the scope of employment can be difficult, but with the help of a truck accident attorney, an innocent victim will be able to find and hold the at-fault party responsible for their actions.
Many trucking companies are beginning to utilize more and more independent truck drivers so that they can reduce the expenses associated with actual employment. In these instances, independent contractors may be forced to pay for the damages if they caused an accident during a delivery. Furthermore, “respondeat superior” does not cover any accidents or injuries that were caused intentionally by the employee such as assault or battery. These intentional torts concurrently fall outside the bounds of employment.
Contact a Truck Accident Attorneys
If you or someone you know has been a victim of a truck accident, the attorneys of Goings Law Firm, LLC can help you build a strong legal case that can maximize the likelihood of recovering compensation. Our qualified personal injury attorneys are dedicated to finding the legally responsible party so that our clients can receive the compensation they need after being seriously hurt in a truck accident. Contact our office at (803) 350-9230 to learn more about how we can assist you today.