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, according to Queens, NY
truck accident lawyers.
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,”
point out New York truck accident attorneys.
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. Have you seen the movie Lethal Weapon? Joshua
(Gary Busey) employed many criminals. They were killers and so was he. They
were into the drug trade out of Southeast Asia. This was a criminal
organization. This organization was held liable and that is why Det. Riggs and
Murtaugh killed so many of them and had to run them down. Any company or
organization that is led by bad people and who employ irresponsible people
(what good people would employ bad people intentionally?), need to be held
accountable.
But unfortunately for the business or
even a public institution, they can be held responsible for something their
employee does.
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 as
just stated.
Queens, NY 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 and if it is a public organization, tax payer expense which
unfortunately many public institutions do not care as much since it is not
their money.
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.
At this juncture, you must determine if
the driver is the company’s employee or its independent contractor since, for
the most part, a company or public organization 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. But Joshua knew all the evil his employees were
committing.
If you have been injured in a truck or bus
accident and wish
to claim compensation, make sure to work with a truck accident lawyer in
New York. Your legal counselor will work towards getting you full financial
recovery.
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 help of an exceptional New York truck accident lawyer
who is well versed in the intricacies of truck accident law. Your legal
representative 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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