In some cases, the employer may be able to claim that the driver is solely responsible for the damage.
Port Hudson, LA – Truck accidents can result in very large costs for any property owners, drivers, passengers, or pedestrians who were affected. All of these parties have the right to file a civil lawsuit, or make an insurance claim if applicable. The trucking business will often have some kind of high risk insurance for its fleet of vehicles due to this possibility. In most cases, the company that owns the vehicle and the business will be liable for damage related to the accident as long as the driver was actively working.
Employer liability
As a general rule of tort law, employers are usually liable for the negligence of their employees who are engaged in their standard job duties. This long standing doctrine is called respondeat superior. It is meant to ensure that companies who profit off of certain activities also have to pay for mistakes when they are made. For companies that deal with trucking or any kind of commercial driving, this means that they will have to pay out damages through their insurance or after a lawsuit if their drivers cause an accident.
Exceptions to liability
In some cases, the employer may be able to claim that the driver is solely responsible for the damage. There may be an analysis related to whether the driver was an independent contractor, they were working outside of their job duties, or if engaged in some kind of misconduct or criminal activity. These issues can cause the employer to claim that they are not liable for paying out any damage due to activities that fall outside of the scope of their standard business practices.
Amounts paid out by the company
Truck accidents tend to be very expensive because of the large size of the vehicles and potential for expensive lost cargo. If there are large amounts of property damage, or one of the people involved has a serious injury, these costs will tend to be high. Insurance policies for commercial vehicles tend to have very large policy limits for these reasons, and certain vehicles such as those that transport hazardous materials may require special coverage. Any victims may potentially add up the costs of their property damage, medical bills, lost income and wages, and other kinds of losses. If the truck driver is liable, the employer will have to pay all of these costs.
Help from a local truck accident attorney
There are lawyers in Port Hudson who work with accident victims to help them receive compensation. Miller, Hampton, and Hilgendorf is a firm that focuses on personal injury lawsuits against negligent drivers.
Join the conversation!