It’s Business And It’s Personal

Due to precautions related to COVID-19, remote consultations via teleconferencing, Facetime or Skype are available. Please contact our office to discuss if this option is appropriate for your situation. Let’s all stay healthy and safe.

Be prepared to counter vicarious liability defenses

| Dec 23, 2020 | Truck Accidents |

Truck accident injuries can be extensive, severe, and long-lasting. In fact, many truck accident victims end up facing life-long catastrophic injuries that place serious limitations on their ability to function and live a normal life. These injuries are usually expensive to treat, too, and victims can find it hard to pay for the care they need because they are unable to work.

Don’t overlook the value of a vicarious liability claim

While a personal injury lawsuit against a trucker can provide some financial relief if it’s successful, that often isn’t enough. That’s why most truck accident victims also pursue a vicarious liability claim against the trucker’s employer. This type of claim allows a victim to hold an employer accountable for the actions of its employee, but if you hope to succeed on one of these claims then you need to be prepared to counter the truck company’s defenses.

Defenses to a vicarious liability claim

Truck companies often try to avoid liability as much as possible. This means that they often try to show that the trucker who caused the accident was engaged in something other than his or her job duties at the time of the wreck. This is often referred to as frolic and detour. Truckers might deviate from their standard trucking route or make stops that are personal in nature, both of which could serve the basis of a vicarious liability defense. Other defense options include arguing that the trucker wasn’t truly an employee and that the employer wasn’t benefitting from the trucker’s actions at the time of the accident.

Building the strong case you need

A lot of times in these cases the evidence isn’t as clear-cut as it may seem at first glance. That leaves a lot of room for legal argument. That’s why you need to know the law and how to argue the facts to your advantage while being mindful of the legalities involved. Fortunately, there are experienced personal injury attorneys who know how to build these kinds of cases while anticipating defense arguments. Therefore, those who think that they could benefit from assistance arguing their case may want to speak to a personal injury attorney of their choosing.

 

Archives

FindLaw Network