If you injures in Truck Accidents due to the negligence, recklessness or intentional misconduct of another. Then California law may entitle you to compensation. Truck accident litigation can be rather high-stakes. In part because the injuries suffered tend to be more severe than the typical car accident dispute — after all, the force of impact in a truck accident may be substantial. As such, it is not only important to successfully obtain compensation for your various losses. But to do so in a way that maximizes your recovery. Maximizing your damages will ensure that you are able to cover your losses sufficiently.
In California, and elsewhere, those who injures due to the negligence of an employee (such as a professional truck driver) may be able to bring an action against the employer for damages. Giving them an opportunity to secure compensation from a defendant with “deeper pockets” and more substantial insurance coverage.
There are two primary options for seeking compensation from the employer of a truck driver:
1) Vicarious liability
2) Independent negligence
Vicarious liability principles allow the injured plaintiff to impose liability on an employer for the negligence of their employee. So long as the employee was acting within the course and scope of their employment at the time of the accident.
For example, if a truck driver was making a delivery for their company, and got into an accident due to being distracted. Then there may be an actionable claim against the employer. On the other hand, if the truck driver was simply going home for the night when the truck accidents occurred. Then there may not be an actionable claim against the employer.
In some cases, the employer may be found independently liable for negligence. Negligent hiring claims are somewhat common, in the truck accidents context and otherwise. For example, if an employer knows that a truck driver has an extremely poor driving record, then they may be found liable for negligently hiring the employee.
Commercial truck driving licenses carry higher expectations than regular licenses, making it easier to establish that a commercial truck driver was operating their vehicle in a negligent manner, as the “standard of care” is higher than that which applies to a non-commercial driver.
At Prestige Law Personal Injury & Car Accident Lawyers, our team of attorneys boasts decades of experience representing those who injures in various truck accident scenarios. We have litigated numerous and complicated disputes involving commercial truckers and their employers, as well as uninsured motorists. Our significant expertise in this area allows us to counter the arguments put forth by defendants effectively.
Unlike many of our competitors, we make our clients and their needs our priority. We see our clients as collaborative partners and not just customers. As such, we take the time to understand our clients’ concerns, preferences and goals, and to tailor our representation to fit their particular circumstances.
Are you ready to move forward with your claims? Call (818) 788-0808 or send us a message online to schedule a free and confidential consultation with a skilled Los Angeles truck accident attorney at our firm.
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