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Can you sue a commercial vehicle driver’s employer?

| Feb 24, 2021 | motor vehicle accidents

A commercial vehicle accident can leave devastation in its wake. The sheer size of these vehicles can total vehicles and leave the passengers within them with serious injuries. These injuries, in turn, can have profound ramifications for victims and their families. Severe injuries may leave victims disabled, unable to enjoy their life as much as they did before, and forced to cope with extreme pain and suffering. Making matters worse is the fact that the financial damages thrust upon commercial vehicle accident victims can be enormous.

Suing a commercial vehicle company

Negligent drivers often cause these accidents. In these circumstances a victim can pursue a personal injury lawsuit against that individual driver, but even winning that case may not be enough to fully compensate for the damages suffered. That’s why victims of these kinds of wrecks need to consider taking legal action against that negligent driver’s employer, too.

Vicarious liability laws allow victims of commercial vehicle accidents to try to hold employers accountable for their employee actions. Succeeding on a vicarious liability claim, which can allow you to more fully recover your damages, may seem easy, but it can be subject to aggressive defenses put forth by these employers.

Vicarious liability defenses

Oftentimes, these employers try to shift the blame elsewhere. They might try to claim that you were contributory negligent and are at least partially to blame for the accident, or they may try to allege that a third-part is mostly or wholly responsible for the crash. Another defense tactic in a vicarious liability case is to argue that the negligent employee who caused the accident was operating outside the scope of his or her employment. This may include driving while distracted or intoxicated, or taking a route that wasn’t approved by the employer.

Know how to build your case

There’s a lot on the line in a serious personal injury case. Those who fail to aggressively advocate for themselves could wind up with little or no recovery, thereby putting them in a precarious position moving forward. Don’t let that be you. Instead, think about how best to pursue your case, which may include obtaining assistance from an experienced personal injury attorney.

 

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