What Does “Vicarious Liability” Mean in a California Truck Accident Claim?
There are several thousand fatal truck accidents that occur in the United States each year. Truck accidents are often categorized as catastrophic due to the sheer size and mass of these vehicles. When a truck is involved in an accident, especially if the victim is driving a smaller vehicle like a motorcycle or car, the resulting injuries can be devastating and even fatal. If you or a loved one has been injured in a truck accident in California, you may be eligible to collect compensation for your injuries.
Younglove Law Group is a team of California truck accident injury lawyers with experience helping clients get the compensation they are owed for their losses and injuries. When filing a California truck accident injury claim, it is important to understand what vicarious liability means.
What is Vicarious Liability in a Truck Accident Claim?
When filing a claim against a negligent truck driver, some may believe that the truck driver who caused the accident holds sole responsibility. To prove that a truck driver is liable, it must be proven that they had a legal duty to operate the vehicle safely, were driving carelessly or recklessly, their breach of duty is what caused the accident, and the accident resulted in your injuries and losses. However, there is a secondary type of liability that you may claim damages for.
Depending on the truck driver’s relationship with their employer, owner, or any other party involved with operating the truck, you may be able to file a vicarious liability claim against them as well. Under the concept of vicarious liability, a truck accident victim can file a claim against the employer, principal, partner, or other entity if the following elements of vicarious liability are met:
- The truck driver was working under the secondary party’s direction and control
- The secondary party had control over the truck driver’s actions
- The truck driver was acting within their scope of employment when the accident occurred
To recover compensation for vicarious liability, you must be able to prove all three elements as well as the four elements of negligence on the part of the truck driver. While this may seem difficult, with the help of an experienced truck accident lawyer it is not impossible.
Damages You May Be Eligible to Collect after a California Truck Accident
Whether or not your claim qualifies for vicarious liability, you may still be able to collect damages for the losses and injuries you have suffered. The damages you may be eligible for include:
- Medical expenses
- Lost wages
- Lost earning potential
- Property damage
- Pain and suffering
If you are unsure of what damages you may be eligible for, a knowledgeable attorney may be able to help by going over the details of your claim.
Contact a California Truck Accident Lawyer
Truck accidents can leave victims with catastrophic injuries and may even lead to death. If you or a family member has suffered as the result of driver or secondary negligence involving a truck, you deserve to be compensated for your injuries.
Younglove Law Group is an award-winning law firm with experience helping clients who have been injured in California truck accidents. Our legal team is dedicated to helping clients pursue the maximum possible amount in compensation they are owed. To schedule a free consultation, contact us here or call (949) 691-3660.
