Understanding Vicarious Liability in Motor Vehicle Accidents
Motor vehicle accidents are common causes of personal injury lawsuits in the United States. Accidents involving private vehicles can be straightforward in determining liability. However, cases with commercial vehicles, especially semi-trucks, often raise complex legal questions. Vicarious liability is key for holding parties responsible other than the driver involved.
Liability can become unclear in cases with large commercial vehicles like semi-trucks. Vicarious liability arises when an employer or company is held accountable for employees’ actions. This is crucial when an accident is caused by a commercial vehicle driver performing duties within their employment scope. Here’s a detailed look at vicarious liability in motor vehicle accidents and its application in personal injury cases with commercial drivers.
What Is Vicarious Liability?
Vicarious liability is a legal principle where a third party, often an employer, may be held responsible for an employee’s actions or negligence. In motor vehicle accidents, an employer may be liable for damages caused by their employee, the commercial driver, even if not directly involved.
This concept is common in commercial vehicle accidents. A company employs a driver to transport goods or provide services. If the driver causes an accident while performing job duties under the employer’s direction, the employer can be responsible for damages. This is significant in semi-truck accidents due to the severe damage from the size and weight of the vehicles.
How Does Vicarious Liability Apply to Commercial Vehicle Accidents?
Vicarious liability is crucial in cases involving semi-trucks or commercial vehicles. These accidents often involve company-employed drivers. When drivers are on duty, their employer might be legally responsible. A key factor is whether the driver acted within the scope of employment during the accident. If the driver was on the job, the employer might be accountable, even if the driver was negligent. This is especially important when employer policies influence the driver’s actions. For example, an employer can be liable if a truck driver crashes while following delivery schedules. The employer is responsible because they instructed or enabled the driver’s actions.
The Role of the Federal Motor Carrier Safety Administration (FMCSA)
The Federal Motor Carrier Safety Administration (FMCSA) establishes safety standards for commercial motor vehicle operators, including semi-truck drivers, regulating their hours, driving conditions, and necessary training.
Vicarious liability may arise if a truck driver causes an accident by violating FMCSA regulations, such as exceeding driving hours or neglecting vehicle maintenance. If the employer permits these violations, they can be liable for damages.
For instance, if a trucking company pressures its driver to meet strict deadlines, disregarding hours-of-service rules, and an accident occurs, the employer could face significant liability. In this scenario, vicarious liability holds the employer accountable since the driver followed the company’s instructions.
Types of Accidents That Trigger Vicarious Liability
Vicarious liability often applies in motor vehicle accidents with semi-trucks and commercial vehicles. Common scenarios include:
- Accidents Caused by Fatigued Drivers: Trucking companies can be liable if they don’t enforce federal driving hour limits and their drivers cause fatigue-related accidents.
- Accidents Due to Poor Vehicle Maintenance: Employers may be responsible if an accident results from mechanical failure due to poor maintenance.
- Accidents During Authorized Work Tasks: Vicarious liability can apply if the driver performed tasks assigned by their employer, such as delivering goods, even if the driver was at fault.
What Types of Damages Can Be Recovered in Vicarious Liability Cases?
The plaintiff may be entitled to various damages in any personal injury case, including those involving vicarious liability. These damages are meant to compensate the injured party for their losses, including economic and non-economic harm. In commercial vehicle accidents, damages can be significant due to the severity of the accidents.
Medical Expenses
One of the primary types of damages in personal injury cases is compensation for medical bills. In cases involving semi-truck accidents, injuries are often more severe due to the size and weight of the vehicles involved. Medical expenses can include hospital bills, doctor’s visits, surgeries, rehabilitation, and future medical costs related to the accident.
Lost Income
If the accident victim cannot work due to their injuries, they may be entitled to compensation for lost wages. This includes the income they’ve already lost and any future earnings they may be unable to earn due to the accident.
Property Damage
In many commercial vehicle accidents, there is significant property damage. This could include damage to other vehicles, buildings, or infrastructure. Victims are often entitled to compensation to repair or replace their damaged property.
Pain and Suffering
In addition to economic damages, victims of commercial vehicle accidents may also be entitled to non-economic damages for pain and suffering. This includes physical pain, emotional distress, and loss of enjoyment of life as a result of the injury.
Funeral and Burial Expenses
In fatalities, the victim’s family may be entitled to compensation for funeral and burial expenses. If the truck driver’s negligence contributed to the death of a loved one, the family may also pursue damages for wrongful death.
Why You Need a Personal Injury Attorney in Vicarious Liability Cases
Vicarious liability cases can be complex, especially with large corporations and commercial vehicles. An experienced personal injury attorney is crucial to increase your chances of fair compensation.
A skilled injury attorney will examine the accident details, identify all responsible parties, and hold the trucking company or other entities accountable. They will help you navigate vicarious liability law complexities and work to secure the damages you deserve.
Contact Gallon, Takacs & Boissoneault for Legal Assistance
At Gallon, Takacs & Boissoneault, we understand how challenging and overwhelming it can be to deal with the aftermath of a commercial vehicle accident. If you or a loved one has been injured in a semi-truck accident or believe vicarious liability applies in your case, contact us today for a free consultation. Our experienced personal injury attorneys are here to help you navigate the legal process and fight for the compensation you deserve.
Call us today at (419) 843-6663, or reach out online to schedule your free consultation. We’re here to help you through this difficult time.
Our areas of practice include personal injury, social security disability, workers’ compensation, probate, real estate and bankruptcy. With more than 300 years of accumulated experience, we are prepared to fight for your right to compensation.
