After a serious truck accident with serious injuries or death, people naturally want to know who was at fault. Is the truck driver the only one to blame, or can the trucking company also be held responsible?
In a lot of cases, the answer has to do with the legal rule of respondeat superior. This rule can be very helpful in trucking accident claims, especially when you plan on seeking damages for your injuries, lost wages, and other losses.
The Norfolk truck accident lawyers at Shapiro, Washburn & Sharp can help you understand if and how this rule applies to your case and if a freight company might be legally liable for your injuries, by virtue of employing the truck driver who was the professional driver.
What Is Respondeat Superior?
The literal translation of the Latin phrase "respondeat superior" is "let the master answer." In modern English, it means that an employer can be held responsible for what their employee or what their authorized agent does.
This rule comes into effect when:
- The worker (whether an employee or an authorized agent) was doing their job
- The worker did something wrong or was careless
- Someone else got hurt because of that mistake
Plainly stated, it means that if a worker injures someone while doing their job, the company they work for may also be at fault.
What Role Does Respondeat Superior Play in Trucking Accidents?
Truck accidents tend to be more serious than regular car accidents. Commercial trucks are much larger and heavier, so they can cause a lot more damage when something goes wrong.
In many cases, the driver is working at the time of the crash. They may be making a delivery, driving between job sites, or following a route set by their employer. Because the driver is doing their job, the rule of respondeat superior may apply. This means the trucking company, not just the driver, may be legally responsible for the accident.
This can make a big difference in a case. Trucking companies usually have larger insurance policies and more resources than an individual driver, which could affect the amount of compensation available.
Another thing that often happens is that independent drivers may not be employees of a trucking company, but under federal law and regulations, a truck driver does not have to be a regular W-2 employee of a trucking company for the company to be responsible for that driver's actions. This is another reason you should consult with a skilled truck injury accident attorney.
How Respondeat Superior Works in a Truck Accident Case
To use this rule in a claim, certain things must be proven. To begin with, the driver has to work for the company. The rule is more likely to apply if the driver is a company employee rather than an independent contractor, but most independent contractors working for a company can be legally deemed to be the authorized agent of the company, and the key is whether the truck company has insurance that will provide coverage for the driver, whether an authorized agent or employee.
The driver must also have been doing something that was part of their job. In other words, they were working when the accident happened, on the way to the job, and in certain cases, even if they are on their way home, but each situation must be analyzed.
For instance, respondeat superior might apply if the driver was
- Making a delivery on time
- Driving a company truck while on the job
- Doing what their boss tells them to do
But the rule might not apply if the driver was doing something that wasn't work-related, such as running a personal errand off their designated route.
A Virginia Beach truck accident lawyer can look at the details of the truck injury case and help you figure out if this rule applies.
What If the Freight Company Denies Fault?
It is very common for trucking companies and their insurers to deny liability after a crash. They may say the driver was not doing their job at the time, or that the driver was an independent contractor instead of an employee. They may also claim that the driver violated company rules. These arguments are often used to try to avoid paying compensation.
Even if a company says the driver was not an employee, that may not be the final answer. Some companies call drivers independent contractors even when they are actually employees, and in some cases, it may not even matter. Because of this, it is important to take a close look at the relationship between the driver and the company.
How Else Can a Freight Company Be Liable?
Respondeat superior is not the only way a trucking company can be brought to account. Sometimes, the company itself may be to blame. This can happen if the business was careless.
For example, a trucking company may be responsible if it:
- Did not train drivers properly
- Ignored safety rules
- Made drivers uphold dangerous delivery deadlines
- Did not properly maintain their vehicles
- Hired unqualified drivers
In these situations, the company may be directly responsible for both what its employees do and what it does itself.
How Can Respondeat Superior Affect My Damages?
When a trucking company is held responsible, it can make a big difference in your case. Truck accidents can cause serious injuries that lead to high medical bills, time away from work, and long recovery periods. Some people may also need ongoing care after the accident.
There might not be enough insurance to cover all of these costs if only the driver is at fault. However, there is often more insurance coverage available if the trucking company is also at fault.
This could make it easier to get back all the money you need for your losses. A lawyer for truck accidents in Norfolk can help you find all the ways you can get money and make your case stronger.
How Is Evidence Used to Prove Liability?
You need strong evidence to use respondeat superior in a case. This could include records of the driver's work hours, delivery routes, job history, truck maintenance history, and information from the truck's electronic systems.
All of this information can help determine if the driver was on the job and if the company had control over what the driver was doing.
After a crash, trucking companies often do things quickly to protect themselves. Because of this, it's important to act quickly to make sure important evidence isn't lost.
When Should I Contact an Attorney?
Truck accident cases can be complicated. There could be a number of people or businesses involved, like the driver, the trucking company, insurance companies, and others who may have worked on or taken care of the truck. Knowing how respondeat superior works is just one part of the process.
If you or someone you care about was hurt in a truck accident, talking to a lawyer can help you know what your rights are and what you can do. A lawyer can look at what happened, gather evidence, and handle communication with the insurance companies for you.
Talk to a Norfolk Truck Accident Lawyer
Since 1985, our Norfolk truck accident lawyers have been helping clients successfully resolve serious truck accident cases. We understand how these cases work and know how to hold freight companies responsible when the law allows, including under rules like respondeat superior. In one recent case, we recovered a $3.5 million settlement for the daughter of a man who was killed in a truck accident on Interstate 64 in Norfolk. In another case, we achieved a settlement of $883,155 for a client who experienced a traumatic brain injury due to a truck driver’s negligent lane change.
We understand how quickly a serious truck accident can affect your life. You may be dealing with medical bills, missed work, and insurance companies all at once. Our truck accident lawyer team can help you understand your rights, figure out who may be responsible, and work to recover the full amount you need for your injuries and losses.
To schedule a free case review, call Shapiro, Washburn & Sharp at (833) 997-1774 or fill out our online contact form. We have offices in Hampton, Norfolk, Portsmouth, and Virginia Beach to better serve you.
