When you get into a truck accident, it would be easy to put all the blame on the driver, especially if they were acting negligently. However, they may not be the only one liable for your injuries.
For the sake of recovering fair compensation, it is worth considering all possible liable parties. These may include the driver, their employer or both.
When are employers responsible for truck accidents?
Generally, an employer can be liable for an accident that occurs within an employee’s course of employment.
This is because of the legal principle known as vicarious liability, where an employer can be held responsible for their employees’ actions while performing job-related duties. In other words, you may be able to seek compensation from the company even if they were not involved in the accident.
For example, suppose a truck driver hits your car while making a delivery. In that case, the trucking company could be liable because the driver was performing their job duties. However, the company may not be liable if the accident occurs while the driver is:
- Driving outside of working hours
- Acting outside of their scope of employment, e.g., running a personal errand
- Intentionally causing harm, e.g., purposefully hitting your car
- Driving to and from work
Aside from vicarious liability, an employer can also be directly liable if they share some of the blame. Common reasons for direct liability include:
- Negligent hiring practices
- Improper training
- Insufficient supervision or monitoring
In such cases, it’s important to collect evidence showing the employer’s negligence. For instance, the driver’s DUI history may indicate that the employer failed to conduct proper background checks.
Can you seek compensation from multiple parties?
Yes, it is possible to file personal injury claims against the truck driver and their employer. Many trucking companies have liability insurance that may help pay for your damages.
However, it is crucial to file your claim as soon as possible. Under Georgia law, the statute of limitations for most cases is two years from the date of the incident.
Consider talking to an experienced attorney who can help assess your case and guide you through the legal process. Aside from helping you file your claim, they can fight for your right to fair compensation.