After a truck accident that involves
a commercial truck, it is difficult to determine who is liable even if it
is obvious that it was caused by the truck driver. Here are some of the main
points to consider when determining liability which San Bernardino, CA truck
accident lawyers immerse themselves in every day.
A
Company can be Liable for its Driver’s Conduct
There is a primary theory of liability
termed "Respondeat superior," that holds companies liable for truck
accidents caused by truck driver employees of the company. "Respondeat
superior" is a Latin legal phrase meaning “let the superior make answer,”
and Southern California truck accident attorney understand this concept.
This significant principle stipulates
that an employer can be held liable for the unlawful acts committed by any of
its agents or employees, if such acts are unintended and committed entirely
within the range of employment. In effect, respondeat superior ascribes the
employee’s legal responsibility to the employer, so that the employer becomes
responsible as if the company has committed the illegal act itself.
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| Depending on the situation in a truck accident, you may qualify for worker's compensation (http://workers-compensation.usattorneys.com/california/). You can find a San Bernardino, California truck accident lawyer on that site and inquire about this issue. Do not leave money on the table if you do not have too. You will not receive a second chance at this. |
San Bernardino, CA truck accident
lawyers state that, In effect, this policy implies that some wrongful behavior
is bound to happen as a part of the employer’s business. Consequently, any
losses that result from this illegal conduct ought to be borne by the employer
as a business expense. Another implication is that companies usually have what
is termed "deep pockets", as compared to the employees, and so they
can safeguard themselves by buying insurance to spread the cost evenly around
the whole business.
Of course the driver will probably have
empty pockets after this or even before any mediation is sought out by the victims
since the driver is the one who is really at fault here. They will have empty
pockets since their employee status is probably going to be terminated. In
addition and continuing from the previous point of who is really at fault, the
employer did not know their driver would make a mistake like this, how could
they? But they will have to make a payout most likely and this truck driver who
they chose to employ will be discharged from their truck driving ranks most
likely as well.
At this juncture and moreover, you must
determine if the driver is the company’s employee or its independent contractor
since, for the most part, a company cannot be held liable for the illegal acts
of an independent contractor.
“Within
the Scope of Employment”
To determine whether an act is committed
“within the scope of employment” is not an easy task. To get around this issue,
courts have taken up various elements. These elements include:
- Intention of the employee
- Place, time, and nature of the employee’s conduct
- Kind of duties the employee are hired for
- Acts that an employer reasonably expects an employee to perform
- Degree of freedom permitted to an employee in the performance of his duties
- Time utilized in personal activities
When
Acts of the Driver are Intentional
No employer is responsible for any
intentional torts such as battery, assault, and kidnapping committed by any of
its employees. The logic behind the "respondeat" principle is that it
is not relevant as long as the employee’s acts remain unrelated to the
employer’s business activities.
As it is evident that a truck accident
case can be very complicated and is not something that you can do all by
yourself, it would be judicious to seek the help of a Southern California truck
accident lawyer who is well versed in the intricacies of truck accident (http://truck-accident.usattorneys.com/california/)
law. Your lawyer will be able to determine if the employer is in fact liable
for the driver’s actions or not, so that he can guide you through the legal
process and bring your case to a successful conclusion.
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