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Theories of Liability in Trucking Accidents

If you’ve been injured in a truck accident, you may have the right to pursue compensation and take legal action from the truck driver. Because the accidents involving large commercial trucks are so severe, it’s likely that the damage is more than the truck driver can afford. Whether your compensation comes from the driver’s savings or personal insurance, there’s a chance he or she is unable to fully award you with the compensation you deserve. In these cases, your personal injury attorney will use different theories of liability to look for other potentially responsible parties.

Employer Liability

The most obvious entity to look to for liability is the employer – the legal term for this is “Respondeat Superior.” Under this legal doctrine, employers are responsible for the negligence or reckless actions of those they hire. If the truck driver in question was an employee of a larger trucking company, the company can be held responsible.

Negligent Hiring

Businesses and corporations have a duty to uphold in ensuring that they do not hire individuals they think are at risk of causing unreasonable harm to others. In the instance of a trucking accident, a carrier should be well aware of the drivers they are hiring and if they are knowingly putting dangerous drivers on the road, they are liable for any harm the driver causes. In addition, truck companies are required to take the necessary steps to confirm that their drivers do not pose a risk to the public by asking them to undergo several screening processes.

The Oneonta truck accident attorneys at Scarzafava & Basdekis are dedicated to representing the injured and bereaved throughout Otsego County. Because we prioritize quality over quantity, our firm maintains a small case load to foster a more personal attorney-client relationship.

We’re ready to hear from you! Call us at (607) 432-9341 to schedule your initial case consultation.

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