A car accident can leave you with devastating injuries that threaten not only your long-term physical health, but also your mental well-being and your financial stability. As scary as that may seem, these damages can be exacerbated when you’re hurt in a truck accident. A big rig, primarily due to its massive size, can cause much more devastation than a passenger vehicle. Therefore, individuals who are involved in truck accidents are often left with the most serious injuries, including those that affect the brain and spine.
If you or a loved one are in this position, then you might be struggling to figure out how to move forward. One option you have is pursuing a personal injury lawsuit. In many of these cases, a claim is filed against the negligent driver who is responsible for the accident in question. With a truck accident, that would be the individual trucker. Yet, even if you’re successful in imposing liability on a negligent trucker, he or she may not have the financial resources needed to pay out any judgment against him or her. This means that you might win your case, but be left without the money you need to secure the medical treatment and financial stability you deserve.
So what are you to do? In a truck accident case, there’s a high likelihood that you’ll be able to also pursue a vicarious liability claim. This is a claim that is levied against a truckers employer. Under vicarious liability, these employers can be held liable for the actions of their employees, which means that an accident victims has the opportunity to reach into a deeper pool of resources to recover their damages.
In order to succeed on a vicarious liability claim, though, you’ll need to prove certain legal elements. Amongst them are that the negligent trucker was actually performing his or her job duties when the accident occurred rather than taking some sort of authorized detour or engaging in other behavior that is not identified as the trucker’s role.
As such, these matters can be hotly contested. This is why many individuals find that securing assistance from a qualified legal professional is enormously beneficial.