Vicarious liability as a recovery tool after a truck accident

The trucking company is responsible for the acts of its employee as long as the trucker acted within the scope of his employment.

El Paso, TX – If you live in Texas, you are more likely to be involved in a truck accident than anywhere else in the country. Texas ranks first for the most trucking accidents and insurance companies aren’t too happy about it. Truck accidents tend to cause more serious injuries or fatalities, which means insurers have to pay their policyholders a lot of money. If you have recently been involved in this type of accident, it would be wise to immediately seek out the best truck accident lawyers in El Paso. A lawyer with many years of experience in this field can help you determine the true cause of the accident, establish who is responsible for the damages, and can also negotiate with the insurance company on your behalf.

The determination of liability is essential in this type of claim. If you have suffered extensive damage, the trucker’s insurance may not be enough to cover your losses. You need to look for other sources. Insurance from the trucking company is your best option if you have a lot of money to recover.

Just to give you an idea, trucking companies are required by law to have liability coverage of at least $750,000 and $5 million if they transport hazardous materials.

How can you use vicarious liability to hold a trucking company accountable?

Vicarious liability is a legal theory that can be used to hold a trucking company liable for the actions of the trucker when you do not have a separate negligence claim against the trucking company. In Texas, vicarious liability is also known as senior manager, a Latin phrase meaning “the employer will respond”. The trucking company is responsible for the acts of its employee as long as the trucker acted within the scope of his employment. To use vicarious liability, competent Texas truck accident attorneys will need to prove that:

  • The trucker was working under direct instructions from the trucking company at the time of the accident.
  • The trucking company had the power to direct the actions of the trucker.
  • The truck driver’s actions at the time of the accident were directly within the scope of his duties and employment.

When is the trucking company liable for damages?

Vicarious liability is the option of last resort. Experienced truck accident attorneys in Texas will first try to prove that the trucking company itself is guilty of negligence.

The trucking company can be accused of negligence if the accident was caused by a mechanical malfunction. For example, if the trucker tried to stop but the brakes failed, you may have a lawsuit against the company, as maintaining the vehicle is their responsibility.

Mechanic Working On A Car; image by DokaRyan, via

If your lawyers discover that the truck driver did not receive the proper training, you can blame his employer for the error made by the driver.

The same applies to accidents caused by driver fatigue. If the trucking company encouraged the driver to ignore federal hours of service regulations, they are directly at fault for the accident.

If you have recently been involved in an accident or have other legal issues and are wondering where can I find lawyers near you, don’t worry, help is just a few clicks away. Simply follow the link and select your state and city, choose your attorney, and schedule a free consultation. They will take care of your problem in no time.