After an accident involving a large commercial vehicle, it’s sometimes difficult to figure out who should be held liable, even in cases where it’s evident that the trucker is to blame. Victims can visit the site for a discussion of things they and the truck accidents attorney at Surprise, AZ should consider when determining liability.
Trucking Company Liability for Driver Behavior
The theory of respondeat superior is what holds companies liable for accidents caused by employees and, under it, employers are responsible for the negligent acts of agents and employees, as long as the acts were done during the course of employment. Respondeat superior transfers the employee’s culpability to the employer, making that entity responsible as if they’d done the act themselves.
Employee Drivers vs. Independent Contractors
After an accident, the truck accidents attorney at Surprise, AZ must prove that the at-fault trucker is a company employee as opposed to a contractor. Companies are not generally liable for the wrongful acts of independent contractors. State laws differ, but in most cases the focus is on whether the company can control the way work is done. If the employer is responsible for results rather than methods of accomplishment, a contractor relationship is in effect.
Acts Within the Course of Employment
Determining whether an act is done within the course of employment can be tricky. Courts have used a variety of factors to resolve such issues, and although state laws differ, common factors may include:
• The employee’s intent
• The time, place and nature of the worker’s behavior
• The nature of the work the person is paid to do
• The reasonable expectations of the employer
• The employee’s level of freedom in doing his/her job
• The time expended doing the activity
For instance, if a trucker rear-ends another vehicle when delivering packages, the employer is liable for harm resulting from the impact. However, if the driver uses a company vehicle to go to a baseball game and causes an accident, the company may not be held responsible.
Intentional Acts by Drivers
There is one exception to the rule that companies are liable for accidents caused by employees. In most cases, employers aren’t liable for torts committed by employees. The logic is that the purpose of respondeat superior isn’t met when an employee’s behavior isn’t related to the business.
