If someone is driving a vehicle which is being used to perform work related activities and an accident occurs chances are that there will be employer liability involvement. This is usually the case when the vehicle is a heavy truck and the truck driver was the one that caused the accident. As the injured party you have the right to sue for damages and compensation, to do this it is advisable to hire truck accident attorneys in Coralville. Whether it turns out the driver’s employer is liable or not depends on the attorney finding reason for assigning responsibility.
When does an employer assume liability?
The driver’s employer can be held responsible for an accident caused by an employee under two tenets of law; one is negligence and the other is vicarious liability
Employer negligence: This can enter into the picture if the Coralville truck accident attorneys can show that there was employer negligence in the hiring practices or in the supervision of the driver. When a company hires a truck driver it is the responsibility of the company to ensure the individual is a safe driver and has all the requisite skills needed to handle the vehicle.
At the very least, even if driving a truck is not the employee’s primary job description the employer must be sure that in the event the employee is asked to drive he has a valid commercial driver’s license and the license is valid. Wise employers will always err on the side of caution and check the historic driving record as well as ensuring that the employee takes a drug test.
Negligent supervision: It is expected that employers of truck drivers will have safety procedures in place and to ensure that the drivers adhere to them religiously. Truck drivers are required to follow very strict standards which are set by state and federal statute; it is the employer’s responsibility to ensure that his driver employees exhibit care and skill while performing their jobs.
Vicarious liability: This is an area of law that Coralville truck accident attorneys can explain in detail. Basically, vicarious liability is a legal doctrine that asserts that the actions of the employee driver, referred to as “the agent”, are essentially the same as the actions of the employer, referred to as the “principal”, that is responsible for directing the agent. To explain this doctrine a little clearer; when the employee is directed to do something by the employer it is the same as if the employer was performing the task himself.
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