It is well-documented that trucking accidents across San Diego and the rest of California lead to some of the most devastating injuries and unfortunate fatalities all over the country.
Can Trucking Companies Be Found Liable?
A commercial truck driver who is negligent behind the wheel, however, is not the only person who could be held responsible for your medical bills, injuries and time missed from work as a result of vicarious liability. Trucking companies may be held liable for trucking accidents in California when you work with a San Diego accident attorney.
You may be able to pursue claims against other third parties as well, such as the trucking company who hired and paid that truck driver. This is because of a legal principle known as ‘respondeat superior’. Under this theory, you may be eligible to hold an employer liable for negligence engaged in by the employee, such as a trucker who was glancing at his or her cellphone while operating the vehicle. In order for an employer to be held liable in an accident like this, there are several different determining factors involved. You may need to consider all the evidence in the case to determine whether or not any trucking companies can be held partly or fully responsible for the accident.
- Whether or not the employee was on the clock
- Whether the injury was caused by an activity that the employee was paid to do
- Whether or not the employer was benefitting from the employee’s activity at the time the injury occurred
There can be many complex factors involved in a San Diego trucking accident and you need to consult with a knowledgeable attorney to learn more about your rights and to figure out your next steps. Consulting with an experienced lawyer is the best way to protect your rights and ensure that you have all of your questions answered before filing a claim.