Originally published by Jeff Rasansky.
Trucking companies are vicariously liable for damages caused by their drivers under the respondeat superior doctrine.
When an accident occurs between a car and a large truck, the damages can be extensive—sometimes even fatal. At Rasansky Law Firm, our attorneys are focused on ensuring that you and your family are fully compensated.
In order to ensure a fair and just settlement, it’s often necessary for the victim to name all parties who could share in liability for the crash, including both the truck driver as well as the transportation company for whom they work. This is because the doctrine of respondeat superior states that an employer is vicariously liable for acts committed by employees performed within the course and scope of their employment.
Even though the truck driver who caused the accident (more-accurately, his/her insurance company) is primarily liable for compensating you for any related losses, many victims are surprised to discover that the truck driver’s insurance policy limits may be well-below the actual value of their claim. A catastrophic injury or wrongful death can result in a claim worth well over seven figures, but unless there is insurance coverage available, the victim(s) will be left in the cold.
In order to hold a transportation company liable under the doctrine of respondeat superior, the following elements must be true:
- The employee must have been performing work under the control and instructions of the employer.
- The employer must have been in a position to control the actions of the employee.
- The actions of the employee occurred within the scope of his or her job duties.
Before you hire an attorney (or worse, attempt to handle your claim pro se), call us to discuss your case in detail—free of charge—at 1-877-405-4313. We can explain the options available to you moving forward, discuss potential additional liable parties, and give you our honest opinion on where you should go from here. If you’d like us to handle your claim, we’ll do so on contingency so that you never have to risk a single penny of your own money.
The truck driver isn’t always the only one responsible for a truck accident.
In addition to the truck driver and transportation company, there may be others who share in liability for a truck accident. If, for example, the accident was the result of a defective part on the 18-wheeler, primary liability will likely fall to the manufacturer (a product liability claim). Faulty maintenance? That may fall onto the maintenance company or auto shop. If poor road conditions (other than weather) were the cause of the accident, it’s possible that liability may even be assigned to the city or the Texas Department of Transportation (this varies by location, but have your attorney look into it).
The point is that each and every car wreck is different, and in order to give yourself the best chance at a fair recovery, you must understand the nuances involved in bringing a personal injury claim. You only get one shot at your claim, and I cannot stress-enough the importance of being fully-prepared. Our firm represents victims like you every single day, and it pains us to see victims being taken advantage of simply because they’re unfamiliar with the process.
Representing victims of car accidents is all we do at Rasansky Law Firm, and we have an outstanding record of success over the past 22+ years. Call our Dallas injury lawyers today at 1-877-405-4313, and let us explain how we can help you.
Speak With a Truck Accident Lawyer in Dallas For Free
The attorneys at Rasansky Law Firm are happy to speak to you about your potential case free of charge. If we can help with your claim, we’ll do so for no out-of-pocket cost to you. Call us 24/7 at (214) 651-6100, or toll-free at 1-877-405-4313.
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from Texas Bar Today http://ift.tt/2m5HNou
via Abogado Aly Website