Trucking accidents are almost always catastrophic not only because of the largesse of these vehicles, but also due to the vehicle’s inability to come to a complete stop moments before a crash. This means that numerous parties end up getting injured, and multiple defendants may be held responsible under the legal premise of vicarious liability.
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Vicarious Liability and Personal Injury Law
The premise of vicarious liability states that parties that oversee the duties of a negligent individual may be held liable for the injuries of a plaintiff. Earlier this year, a woman driving a truck with a load of produce down Interstate 55 caused a multi-car accident when she realized too late that the vehicles in front of her were stationary as she approached them. Two people died in this crash, while a third escaped with severe injuries.
Who’s Responsible for My Truck Accident Claim?
All parties injured in this highway truck accident sued the defendants responsible. This included the driver, the logistics company attached to her, as well as a motor carrier licensed by the federal government. The driver, on the other hand, came clean and admitted that she was negligent in the handling of the truck, with the motor carrier following suit. However, the logistics company denied any wrongdoing or negligence, and made sure to have it known to the other two defendants just in case they were found to be at fault by the court.
Proving Fault in a Vicarious Liability Claim
Trial for this truck accident case focused on whether evidence existed that proved that the driver was acting as the logistic company’s agent when the truck accident occurred. Vicarious liability comes into play when it can be shown that an employee committed a tortuous act while carrying out employment-related activities. The jury was able to determine that there was an employee-employer relationship at the time of the truck crash due to the fact that the logistics company oversaw the delivery of loads as well as the driver’s payment. To this end, it ordered the defendant to pay the plaintiffs damages amounting to $23 million. The logistics company filed an appeal which was nullified by the appellate court, upholding the primary verdict.
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If you or a loved one was hurt in a truck accident and are wondering about whom to hold responsible for these injuries, give us a call at 1 (773) 825-3547. Our seasoned and resourceful attorneys are standing by to help answer your questions via a FREE initial consultation. We look forward to hearing from you.