If a truck driver has an accident while performing job duties, their employer may be held liable in some cases. Employer liability is a common issue in cases where a commercial vehicle’s driver causes a traffic accident, and the employer faces a lawsuit. The employer’s liability is dependent on whether there’s a legal reason for the assignation of blame. In this article, readers can learn how and why an employer can be held liable for a trucking accident.
Liability Due To An Employer’s Negligence
An employer’s negligence can involve the negligent hiring or supervision of an employee. When a trucking company hires a driver, they have a legal duty to exercise reasonable care in ensuring that the employee can drive safely. At the very least, if a worker will be driving a large truck, the employer must ensure that the employee has a CDL in good standing. Most employers also take precautions such as reviewing a worker’s driving record, or performing pre-employment drug screening.
Employers can also be held liable for trucking accidents because of negligent supervision. An employer should have a reasonable safety policy in place, and they should ensure that all drivers follow safety rules. If a company hires truck drivers, they should ensure that those drivers keep proper logs, and that the employee is exhibiting reasonable care and skill in doing their job. When an employer fails in this regard and an accident occurs, the employer could be held liable based on negligence.
In vicarious liability cases, the employer doesn’t necessarily have to be the negligent party. Vicarious liability is a legal doctrine asserting that an agent’s actions are the same as those of the principal who directs the agent. Simply put, an employer is liable if they tell an employee to do something and the employee is negligent. The rule applies only if the agent is performing job duties at the time of the accident.
Getting Legal Help
If a person is involved in a trucking accident where employer liability comes into play, it’s important for them to consult a Truck Accident Attorney with Alpernschubertlaw.com. When a person hires a Truck Accident Attorney, they can learn which liability rules apply to their case and how their legal rights can be protected based on the circumstances of the accident. You can also connect with them on Facebook.