Padilla Law Group, LLP

Truck companies can be sued for employee's negligence

Due to California's bustling economy, it is not uncommon to see a significant number of semi-trucks on the state's roadways. While these massive vehicles provide a powerful benefit to the economy, they can also pose a threat to the motorists around them. This is especially true when they are driven negligently, such as when a trucker is fatigued, intoxicated, or distracted.

Although truck accident victims may be able to recover compensation for their damages by pursuing a personal injury lawsuit against a negligent trucker, this may not always lead to a compensatory recovery that is satisfactory. The main reason is that most truckers, in their individual capacity, are unable to pay for the full extent of damages that they have caused. This can leave an accident victim struggling to make ends meet during a time when they may be unable to earn a wage and they need adequate and effective medical care.

In these instances, it may be wise to consider pursuing a vicarious liability claim against a trucker's employer. Under vicarious liability, an employer can be held accountable for the actions of its employee, provided that the employee was performing his or her job duties at the time of the accident in question. It must also be shown that the employer was receiving some sort of financial benefit from the work being performed at the time of the wreck. Pursuing one of these claims can be challenging, but when successful it can provide access to deeper pockets from which to recover one's losses.

Vicarious liability claims can be complicated, as a victim may be going up against multiple defense attorneys who want nothing more than to prove that the victim himself or herself was at fault. To protect one's legal rights and his or her potential to succeed on one of these personal injury claims, an accident victim may want to speak to an experienced and aggressive advocate who can represent him or her at the negotiating table and in the courtroom.

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