Employer’s Responsibilities In A Truck Accident Case

Posted byPaola Nadeau on Feb 2021 in Law and legal | 0 comments

If you find yourself involved in an accident and the driver of the other vehicle is driving a truck which is being used to perform a work duty, the owner of the truck or the employer of the driver may be involved in the liability issues. This is often the case when the other vehicle is a large semi-truck, gravel truck, bulk carrier, etc as rarely does the driver own a vehicle of this nature. If the driver of this truck appears to be at fault you are well advised to seek a truck accident attorney in West Palm Beach. For the employer to be found liable your attorney will have to uncover valid reasons for assigning the responsibility to this company or individual.

When is the employer responsible?

There are a few ways in which the employer can be held responsible for the accident, even though the accident was actually caused by one of his or her employees; the two main ways are negligence and vicarious liability.

Employer negligence:

It is the employer’s responsibility to ensure that he hires competent individuals to perform various tasks. The truck accident attorney in West Palm Beach will find out if the company hired an individual to drive a large truck and whether the driver had been proven to be a safe driver with all the necessary skills to operate vehicles of this nature. At the absolute bare minimum it is the employer’s responsibility to ensure that the driver candidate has a valid commercial driver’s license and that the license was valid at the time. It is incumbent of the employer who hires truck drivers to check the history of the driver looking for any driving offenses and to insist that the candidate submit himself to a drug test.

Every employer of large truck drivers is expected to have in place specific safety procedures and to ensure that the drivers abide by them religiously. The drivers must follow all the requirements that are set by the federal government as well as the employer. The employer is responsible of ensuring the driver exhibits care and skill while driving.

Vicarious law:

This is a segment of law that is best explained by your truck accident attorney in West Palm Beach. In a nut-shell, vicarious law is a doctrine that asserts that the actions of the driver are essentially the same as the actions of the employer who has the responsibility of directing the driver. In simple terms it means that when the driver is told to do something by the employer it is tantamount to the employer performing the task.

The laws that apply to an accident involving a large truck are extremely complex as there are more people involved than in a simple car accident. If you need a truck accident attorney in West Palm Beach you are invited to contact Business Name.

Visit website url for more information.