When it comes to trucking accidents, liability is anything but straightforward – especially when it comes to determining whether the driver or company is liable.
Even if a truck driver caused the accident, he or she may not legally be held liable. A few factors are taken into account when determining liability.
Here are some situations to help determine company versus truck driver liability.
Truck Company Liability
For a trucking company to be held liable, the truck accident must be caused by unintentional actions on behalf of an employee that were also “committed within the scope of employment” or during regular business procedures.
Determining whether an accident falls under the scope of employment depends on whether or not an employee acts outside of reasonable expectations for work. This means the trucking company will likely be held legally liable for an accident if:
- the driver was following protocol for his or her job at the time of the accident, and
- the accident takes place during working hours.
Another case in which a trucking company can be held liable is if it hired an employee known for negligence. This can include a history of drunk driving or negligence at work.
Truck Driver Liability
A truck driver can be held liable in the case of an accident if he or she was negligent on the road such as drinking, using drugs or failing to adhere to company safety policies. A truck driver could also be held at least partially liable if he or she is an independent contractor with the trucking company at the time of a serious truck accident.
If you or someone you know has been a victim in a serious truck accident in Tampa, navigating the legal landscape ahead can be confusing at best. At Lorenzo & Lorenzo, we understand the complications that can arise in truck accident cases, and we are ready to do all we can to help you receive the compensation you deserve. Contact us today for a free consultation and see how we can help.