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How a vicarious liability claim addresses truck accident damages

| Jan 2, 2020 | Commercial Vehicle Accidents |

A commercial vehicle accident can reshape a victim’s life. One of these wrecks can leave an individual with serious physical pain and suffering, oftentimes resulting in permanent disability. It can also have a tremendous emotional impact that permeates a commercial vehicle accident victim’s life. Additionally, the financial damages associated with one of these crashes can be completely overwhelming and potentially ruinous.

Fortunately, commercial vehicle accident victims can seek compensation for their losses by pursuing a personal injury lawsuit. However, merely pursuing one of these claims against a negligent driver may not be sufficient enough to cover the full extent of a victim’s damages. This is simply because many commercial vehicle drivers don’t have the financial resources to pay out a large judgment. This is why it is important for commercial vehicle accident victims to consider whether any other parties can be held liable for the wreck in question.

This is where a vicarious liability claim may come into play. These claims seek to hold a negligent driver’s employer liable for the employee’s negligent actions. In order to win on one of these claims, though, a victim must show that the driver was on the clock at the time of the wreck and was performing his or her job duties. Any deviation from those job duties may serve as a defense to an employer, so commercial vehicle accident victims need to be prepared to present evidence to meet every element of the law while anticipating an employer’s defenses.

A successful vicarious liability claim often allows commercial vehicle accident victims to reach deeper pockets that are much more likely to pay for the full extent of damages suffered. Yet, these types of lawsuits are often vigorously defended against given the financial stakes at hand. With that in mind, commercial vehicle accident victims should carefully consider whether they want legal assistance before pursuing one of these claims.

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