The costs of being injured in a truck driver accident can add up quickly. While your insurance policy might cover some of these costs (depending on the coverage you have available), fully recovering your losses will most likely involve seeking compensation from other sources. One of these sources could be the truck driver’s company. Under Florida law, accident victims can hold companies liable for their employees’ mistakes in many cases. If you were injured in a truck accident, this means that the truck driver’s company could be financially responsible for your accident-related losses. To give yourself the best chance of recovering financial compensation, you will want to speak with a lawyer about filing a truck accident lawsuit promptly.
When Can You Hold the Company Responsible for a Truck Driver Accident?
There are two ways that accident victims can seek financial compensation from a truck driver’s company after a serious accident. The first way is by filing a truck accident lawsuit based on “vicarious liability.”
Trucking Company “Vicarious Liability” in Truck Driver Accident Cases
The law of vicarious liability holds employers responsible for their employees’ actions. It applies as long as the employee is acting within the scope of his or her employment. If a truck driver is carrying a shipment or making deliveries, he or she is almost certainly acting within the scope of his or her employment.
Under the law of vicarious liability, accident victims can sue truck drivers’ companies for all types of driving mistakes. If the truck driver would be liable had he or she not been working, the trucking company can be held vicariously liable for the accident. So, accident victims can pursue vicarious liability claims in cases involving:
- Distracted driving
- Drowsy driving
- Impaired driving
- Running a red light or stop sign
- Speeding
- Sudden braking (resulting in a rollover or jackknife)
- Tailgating
- Other types of driving mistakes
Trucking Company “Direct Liability” in Truck Driver Accident Cases
The second way accident victims can hold trucking companies financially responsible is by filing claims based on “direct liability.” These are claims based not on the truck driver’s mistake, but instead on a mistake made by the trucking company. Some examples of cases in which injured drivers and passengers can file truck accident lawsuits based on direct liability include:
- Accidents caused by inexperienced and unskilled truck drivers
- Accidents caused by truck drivers who have spent too many hours behind the wheel
- Accidents that occur when a truck driver loses control because the truck is overloaded
- Accidents that occur when a truck driver loses control because the truck’s load was not properly secured
Find Out if You Can File a Truck Accident Lawsuit
Regardless of the circumstances involved, if you have been injured in a truck accident, you should speak with a lawyer about your legal rights. Our Miami truck accident lawyers represent drivers and passengers injured in accidents throughout South Florida. To find out if you can sue the truck driver’s company for your injuries, request a free consultation at Aigen Injury Law today.