How to Determine Driver vs. Company Liability in North Carolina Commercial Truck Accidents?

Even if it is perfectly evident that a truck driver caused an accident it is not always very easy to determine the person who is legally responsible, according Gastonia, NC truck accident lawyers. Here are a few things to consider when determining the question of liability.

If you need legal assistance, and you will know if you do, you should click right here. You can be the best multi-tasker in the state but there is a point in time when you can try to do too much. Trying to get healthy, work your job, deal with insurance companies, pay your bills, replace or fix your car, enough is enough. You need legal help so you can handle your life and the legal representative can handle your legal responsibilities and lawsuit.

"Respondeat superior"

The basic theory of liability termed "Respondeat superior" is the theory that holds a trucking company liable when an employee of the company caused a traffic accident. "Respondeat superior" is a Latin phrase meaning “let the superior make answer.”

According to this theory, an employer is made liable for any unfair acts committed by the company’s agents or employees, if the acts were in fact unintended and committed within the range of employment. In essence, respondeat superior ascribes the liability of the employee to the employer, rendering the employer responsible as if the wrongful act was committed by the company itself.

Speaking in practical terms, the policy that governs this rule is the awareness that some wrongful conduct or other is certain to happen during the progress of the employer’s business. Under the circumstances, any loss resulting from this wrongful conduct ought to be placed on the trucking company as a cost in the doing of business. Another logic behind the respondeat superior is that generally speaking, all businesses have "deep pockets", as compared to the company’s employees.

Most people know that if they are a victim of a truck accident they can file a lawsuit to see compensation for damages. But with a Gastonia, NC truck accident lawyer, you may even be warranted to seek worker's compensation. Do not rule it out. After all, there is no reason to leave chips on the table. Go right here: http://workers-compensation.usattorneys.com/north-carolina/

Therefore, they are better able to safeguard themselves by buying insurance as well as spreading the cost of the accident over the whole business, in the opinion of North Carolina truck accident lawyers. Of course of the lawsuit is deep the business may just have to lay off a few people, freeze hiring, freeze expansion plans, and certainly the at-fault driver, their employee, may be let go. Perhaps that driver should be.

Is the Driver an Independent Contractor or Employee?

The first thing that the injured individual should establish is that the truck driver remains an employee of the trucking company, and not an independent contractor. This is so because a trucking company is usually not held liable for any wrongful acts perpetrated by independent contractors.

In such matters, emphasis is generally placed on whether the employer has the right to regulate the manner and means that the work should be performed. If an employer has control over the result of the work, and not how that result is achieved, an independent contractor relationship comes to be established. 

What is “Within the Scope of Employment”?

Gastonia, NC truck accident attorneys stress that it could be extremely difficult to determine just what constitutes any act committed “within the scope of employment.” Courts have, in fact, adopted numerous factors in helping to resolve this problem. Some of the common factors are as follows:

•  The employee’s intent
•  Nature, time, place, and nature of the employee’s conduct
• Kind of work an employee is hired to perform
• Incidental acts, an employer must expect an employee to do
• Measure of freedom permitted to the employee in doing his/duties
•  Time used for any personal activity

As evident, determining the liability of a truck driver is indeed a complex task. If you happen to be the victim of a truck accident, it would be wise to hire a terrific and motivated North Carolina truck accident lawyer to make sure your rights are protected.