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How is vicarious liability assessed in truck accidents?


Victims of truck accidents often suffer tremendously. These large vehicles can result in large accident sites that involve serious injuries and severe damages. Because of this, injured victims often seek to hold the party responsible for the injuries and damages arising from the truck crash. If a truck driver is found negligent, it is likely that liability will be placed on the driver; however, other circumstances and factors could cause other parties to be liable through vicarious liability.

How is vicarious liability assessed in truck accidents? This form of liability means that responsibility could be placed on a party not driving the truck. In order to determine whether vicarious liability is a factor in a truck crash, details regarding the crash and events leading up to it need to be considered.

Did the accident occur during the course of employment and was the truck driver acting in accordance to the regulations of his or her job? If the answer is yes, then the trucking company could also be held liable; however, if it was determined the accident occurred when the driver was off the clock or unauthorized to be driving, responsibility most likely will not be placed on the employer.

Vicarious liability could also be used to hold parties liable for defective or poorly maintained parts and roads. If a defective part or improperly maintenance truck contributed or caused the truck accident, the manufacturer of the part or maintenance company could be vicariously liable for the truck accident. Additionally, if the negligent construction or repair of a road, bridge or overpass caused or contributed to the accident, state agencies in connection with the construction or repair of them could be held partially responsible.

When an individual in harmed in a truck accident, it is important to have a thorough investigation conducted. This could help the victim assess the available legal actions and determine what parties might be responsible in the accident. Taking such measures could help an injured victim recover the compensation they are entitled to.

Source: Injury.findlaw.com, "Vicarious Liability and Negligent Entrustment," accessed July 20, 2015

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