Vicarious Liability in Truck Accidents - Understanding Trucking Company Responsibility

Let us say you are driving on Interstate 80 near Cedar Rapids, Iowa, and a big truck swerves and hits you, injuring you severely. Who is in charge of fixing the damage? Even though it might seem clear that the truck driver is to blame, the trucking company is often also to blame. 

This article talks about "vicarious liability" and other times when trucking companies might have to pay for the costs of an accident. A truck accident lawyer in Cedar Rapids can help you understand your legal rights and get paid if you or someone you know has been in a truck accident. 

Understanding vicarious liability. 

As a legal idea, vicarious liability means that an employer is responsible for their employees' acts while they are working for the company. When it comes to trucking companies, this means that if a truck driver causes an accident at work (during trips, following company routes, coming back from picking up goods, etc.), the company could be responsible for paying for the injuries and damage to people's property.

To prove vicarious responsibility in a truck crash case, there are usually two main things that must be true:

Worker-employer relationship. 

The driver should be seen as an employee of the trucking company, not an independent contractor. Most of the time, independent workers are accountable for their actions and have more control over their work plans and methods. On the other hand, the trucking company controls its employees, including their schedules, routes, and safety rules.

Scope of employment. 

The driver must have been doing his or her job when the accident happened. This includes driving the truck, moving and unloading goods, doing what the company tells you to do (like only stopping for breaks at set times), and any other jobs the company gives you. 

Suppose a truck driver takes a detour to run some personal errands and then gets into an accident while on that route. This is probably not covered by indirect responsibility because the driver was not doing their job.

When else can trucking companies be liable? 

Trucking companies can be held responsible through vicarious responsibility, but that is not the only time they could be held responsible for crash costs. Here are some more possible situations:

1. Negligent hiring. 

Trucking companies need to make sure they hire skilled drivers with clean records. The company could be responsible for an accident if they do not do proper background checks and hire a driver with a past of being negligent.

2. Poor vehicle maintenance. 

To stay safe, trucks need to be serviced regularly. If a trucking company does not keep its vehicles in good shape and an accident happens because of a broken part, it could be held responsible.

3. Pressuring drivers. 

Trucking companies sometimes put too much pressure on drivers to meet impossible targets, which can cause them to speed, get tired, and eventually have an accident. If pressure from a company is found to have caused the crash, the company could be held responsible.

Remember that these are only examples. The rules in your area may be different about how responsible trucking companies are. 

Why it is important to seek legal help. 

Truck crashes can be very bad, hurting a lot of people and costing a lot of money. If you were hurt in a truck crash and think the trucking company might be partly to blame, you should talk to an experienced personal injury lawyer right away. They can help you understand the complicated law, figure out if the company is responsible, and fight for the money you deserve.

Truck crashes are complicated, and trucking companies can be responsible for more than just what the driver did. If you were hurt in an accident, you need to know about indirect responsibility and other possible ways to hold the company responsible. To make sure your rights are protected, do not be afraid to get professional help.