Understanding Third-Party Liability In A Truck Accident
The serious injuries in truck accident cases often include serious burns and wrongful death. Many times, the tortfeasor (negligent driver) does not have enough insurance coverage to fully compensate these victims. Fortunately, the shipping company or any other employer is usually liable for Ocala truck accident damages, because of the respondeat superior doctrine. This rule applies if the tortfeasor was an employee who acted within the course and scope of employment.
The law broadly defines both these elements. Owner-operators and independent contractors are “employees” in this context, since the employer controls the driver. Moreover, any act that benefits the employer in any way is usually within the course and scope of employment. That could include driving an empty truck back to the garage.
Respondeat superior applies in most truck accident cases. Other employer liability theories include negligent supervision and negligent hiring.
Negligence Per Se In Ocala Truck Accident Cases
Just as the name implies, negligence “as such” usually means negligence as a matter of law. Rather than prove all five elements of a negligence case, many victim/plaintiffs need only establish that the tortfeasor violated a safety law, and that said violation substantially caused the victim/plaintiff’s injuries. Some common statutory violations in truck crash cases include:
- Speeding: Typically, the speed limit for large trucks is lower than the speed limit for passenger vehicles. Sometimes, it’s hard for truck drivers to observe this speed limit, especially if they are travelling down a grade. Other times, they simply ignore the speed limit, because to most drivers, time is money.
- Improper route: Some roads are designated no-truck zones. There are also limited places where trucks carrying hazardous materials can operate. This designation is quite broad, and it would surprise most people to learn all the substances which the government considers “hazardous.”
In some situations, negligence per se is only a presumption of negligence as opposed to absolute proof.
Get Answers To Your Questions In A Free Consultation
The attorneys at Piccin & Glynn can help you understand the parties who are liable in your accident and your next steps after your truck accident. Our attorneys have decades of experience with personal injury and motor vehicle accidents. You can call us now at 352-581-6174 or contact us by sending an email to schedule your free consultation.