If a truck driver causes your wreck, it’s likely you’ll suffer more long-term injuries than if you were in a passenger vehicle accident. As a result, the amount of compensation you need to cover your damages could be larger, as well. Because of this, you may want to hold both the trucking company and the trucker responsible for the crash. One way to do this is to file a separate claim against the trucking company for negligent hiring or violation of another Federal Motor Carrier Safety Administration (FMCSA) regulation.
Trucking Companies and Vicarious Liability
In Texas, a trucking company can be held responsible for its driver’s negligence in causing a truck wreck as long as the driver was acting within the scope of his employment at the time the crash occurred. This legal theory is referred to as vicarious liability or respondent superior. In order to hold the trucking company accountable, you need to prove the following:
- The truck driver was performing work under the control and instruction of the trucking company.
- The trucking company has the ability to control the actions of the trucker.
- The truck driver’s negligent actions occurred within the scope of his job duties.
Why Establish Vicarious Liability in Your Truck Accident Claim?
Whenever you are seeking compensation for your injuries, you want to consider all liable parties and hold as many as possible responsible for your damages. This increases the likelihood that you will be fully compensated for your injuries.
When you file your claim with the trucker’s insurance company, you may discover that he does not have enough insurance to cover all of your losses. The reality is that the trucking company will most likely carry much more liability insurance coverage than the employee. By holding the company responsible under vicarious liability, you may be able to reach a settlement with both the company’s insurance company and the trucker’s insurance company.
If a truck driver caused your injuries, the Hart Law Firm is here to help you hold the trucking company and the driver responsible for compensation.
Have You Been Injured In A Texas Car Accident?
If you've been hurt in a Texas car accident you need to speak with an experienced car accident lawyer as soon as possible. Contact us online or call our Colleyville office directly at 817.485.8888 to schedule your free consultation.