The injuries suffered in a truck accident are often extensive and long-lasting. They can also be painful and physically inhibiting. This can make life difficult in a variety of ways. While you might think that alleviating your damages is as simple as suing the negligent trucker who harmed you, you might want to take a closer look at how these cases should be handled.
The importance of vicarious liability
Suing a negligent trucker could lead to the recovery of compensation, but the truth of the matter is that a trucker probably doesn’t have the financial means to cover the full extent of your damages. That means that you could win your case and still be left struggling.
A vicarious liability lawsuit, which can supplement your claim against a trucker, seeks to hold an employer accountable for the actions of its employee. Therefore, if you can show that a trucker was on the clock and performing his or her job duties at the time of the accident in question, then you might be successful in imposing liability and recovering compensation from a truck company. This provides you with a deeper pool of resources to reach into that is capable of more fully compensating your losses.
Be aware of vicarious liability defenses
There are some common ways that truck companies try to escape vicarious liability. In most cases, these companies argue that the trucker in question was engaging in frolic or detour, meaning the actions being undertaken at the time of the accident were outside the scope of employment. You’ll need to anticipate these arguments and develop counter arguments accordingly.
Of course, pursuing a personal injury lawsuit looks easy on its face. Yet, the truth of the matter is that these cases can be fraught with nuances. That’s why it’s often best to discuss your strategy moving forward with an experienced legal professional.