Before damages can be claimed after a car accident, liability needs to be established. In most cases, the liability will be deemed to lie with one of the parties who were behind the wheel when the accident occurred. However, in some cases, parties who were not even at the scene of the accident will be determined to be liable through vicarious liability.
Vicarious liability is a legal term to describe a situation in which a responsible person, such as a manager of an employee, is responsible for the actions of a negligent person. Being able to prove the elements of vicarious liability could mean that you are able to take legal action against the trucking company in response to an accident involving a truck. The following is an overview of the basics of vicarious liability.
Showing negligence is vital
Before even considering the possibility of being able to gain back damages through vicarious liability, you must consider whether you can prove that the other party engaged in negligence that shows fault. To do so, you must be able to show that the truck driver or the trucking company breached a duty they had toward you as another driver and that, as a result of this breach of duty, you suffered damages.
The elements of vicarious liability
To be able to gain, you must be able to show that the truck driver was working under the other party’s control and direction, meaning that they had authority over the driver’s actions. You should also be able to verify that the truck driver was working when the accident took place.
An example of vicarious liability
An example of vicarious liability could be a situation in which a driver is given extremely ambitious deadlines that requires them to work long hours without adequate sleep. If they are driving while drowsy and an accident occurs, it may be possible to file for damages through vicarious liability.
If you have been, make sure that you take action to gain the damages that you deserve.