Palmdale Truck Accidents Attorney

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.