Nebraska's Truck Crash Lawyer

Injured in a truck accident? Consider vicarious liability

by | Mar 5, 2020 | Personal Injury, Trucking Safety

Have you been injured in a truck accident? If so, then you’re probably feeling a little uncertain about your future. This is completely understandable. After all, depending on the seriousness of your injuries, you may be hit with massive medical bills at a time when you are physically unable to work. These lost wages can make it challenging to obtain the care and rehabilitation you need as well as make ends meet.

As frightening as that may seem, you should take comfort knowing that you might be able to recover compensation for your losses. One issue that many truck accident victims face, though, is that even if they can prove that a trucker’s negligence caused the wreck in question, that trucker may be unable to pay the full extent of a victim’s damages. This can leave you in a precarious position where you’ve won your case, but you’re still unable to find the financial stability that is necessary for a person in your situation.

This is where a vicarious liability claim may prove beneficial. With a vicarious liability claim, you seek to hold an employer accountable for the actions of its employees. In the trucking context, this means that you may be able to recover compensation from a trucking company if you can prove that the negligent trucker was performing his or her job duties at the time of the wreck, at that he or she was actually on the clock at the time of the accident.

Employers often aggressively fight these kinds of claims by arguing that an employee was engaged in activities outside the scope of his or her employment when the crash occurred. Given the forcefulness with which truck companies approach these claims, you need to be prepared to take a thorough, holistic, aggressive approach to increase your chances of achieving a favorable outcome. Fortunately, strong legal representation is available in these matters.