What is Vicarious Liability and How Does it Impact Truck Accident Claims?

If you are injured by an 18-wheeler due to another party’s negligence, you may be able to file a lawsuit against the liable party for compensation. Truck drivers are often liable, or at-fault, for these accidents but there may be times when you can also sue the trucking company for vicarious liability. Unlike suing a trucking company for its own negligence, such as failing to maintain their vehicles, suing for vicarious liability means you are holding the trucking company liable for another party’s actions. Below, our San Antonio 18-wheeler accident attorney explains this legal concept in further detail.

What is Vicarious Liability in Texas? 

Vicarious liability in Texas refers to when an injured party holds another entity accountable for the actions of another. For example, if a truck driver was speeding and caused an accident, you could file a claim against them for their negligence. If the truck driver was an employee of the trucking company they were driving for, you could also hold the employer liable for vicarious liability.

There are important principles to remember when determining if you can hold another party vicariously liable. These are as follows:

• The relationship: Vicarious liability only exists if there is a specific relationship that requires it. In Texas, for example, employers can be held vicariously liable for the negligent actions of their employees.
• Scope of employment: In order to hold an employer vicariously liable, the employee must have been acting within the scope of their employment. For example, if a negligent truck driver took an unauthorized detour and caused a crash, it may release the trucking company from vicarious liability.

Can You Sue Trucking Companies for Negligent Independent Contractors?

Many trucking companies claim their drivers are not employees and instead are independent contractors. Section 390.5T of the Federal Motor Carrier Safety Regulations defines the term “employee” to include independent contractors or owner-operators. So, you can still sue the trucking company even if they try to classify their truck driver as an owner-operator or independent contractor. You may also be able to sue the trucking company for their own negligent actions. For example, if a defective truck part caused the crash due to improper maintenance, you may be able to hold the driver and the trucking company liable.

Our 18-Wheeler Accident Attorney in San Antonio Can Determine Liability

The aftermath of a truck accident is always confusing. One of the most complex aspects is determining who is liable for paying damages and how much should they pay. At the Law Office of Israel Garcia, our San Antonio 18-wheeler accident attorney can determine who is to blame for the crash and hold them accountable for paying a fair settlement. Call us now at 210-LAW-9999 or fill out our online form to request a consultation and to get the sound advice you need.