Michael Damaso / 03-10-2023 / Truck Accident

What Does Vicarious Liability Mean in a Truck Accident Claim?

Many Orlando residents have seen the devastation a truck accident can cause with their own eyes. Often, truck accident victims suffer severe physical, emotional, and financial injuries that significantly impact their daily lives. While many accident victims assume the negligent driver is responsible for their damages, you may also be able to hold the truck company accountable through vicarious liability. If you have been injured in a truck accident, an experienced Orlando truck accident attorney can review your case and explain how these laws and regulations apply to your unique situation. 

At Wooten, Kimbrough, Damaso & Dennis, our attorneys are committed to helping truck accident victims hold every negligent party fully accountable for their injuries and other losses. We have extensive experience helping truck accident victims achieve favorable outcomes for their cases in Orlando and the neighboring areas. When we take your case, we will thoroughly investigate your accident and build a strong claim on your behalf. 


Understanding Vicarious Liability and How It Applies to Truck Accident Claims

Vicarious liability is a legal rule that imposes responsibility on employers for the negligent actions of their employees. Legally, truck companies are responsible for the safety of their drivers and those who share the road with their vehicles. If a truck driver’s careless actions harm others, the victim’s attorney may discover evidence that the trucking company failed to do its part to prevent the accident. 

Trucking companies must adhere to strict safety standards, including regular maintenance, training drivers, and maintaining extensive documentation. If the trucking company fails to uphold these vital safety protocols, it may also be held liable for its driver’s negligent actions. At Wooten, Kimbrough, Damaso, & Dennis, our attorneys have over 100 years of combined experience investigating truck accident cases and holding all parties fully accountable for the harm they have caused. 


How Can I Prove That the Trucking Company Is Liable for My Accident?

Your case must contain certain elements to prove that the trucking company may bear vicarious liability for your accident. Depending on the details surrounding your accident, your attorney will build a solid claim to establish the following:

  • The truck driver was an employee of the trucking company in question
  • The truck driver was acting within the scope of their employment
  • The average person would consider the accident foreseeable

However, it is essential to note that many truck drivers are independent contractors and may not be employed by a trucking company. Your attorney will work to uncover the details of your case to determine if the truck driver can legally be considered an employee. A few pieces of evidence that can help your attorney establish liability include the following:

  • Maintenance records
  • Inspection records
  • Personnel files
  • Shipper documents
  • Black box data
  • Photographs
  • Police reports
  • Witness testimonies

This list is not exhaustive, and your attorney will consider many pieces of evidence to establish liability for your injuries and other losses. 


Discuss Your Case With a Trusted Truck Accident Attorney at Wooten, Kimbrough, Damaso & Dennis

If you have suffered injuries in a Florida truck accident, you deserve to have a first-class truck accident attorney in your corner. At Wooten, Kimbrough, Damaso & Dennis, our attorneys dedicate themselves to helping truck accident victims protect their rights and interests as we fight for justice on their behalf. When you partner with us, you can have peace of mind that your case is in the skilled hands of an experienced legal professional. To schedule a free consultation with a member of our legal team, call us at (407) 843-7060 or complete our contact form today.

Disclaimer: All verdicts and settlements listed here are gross amounts before deductions for attorney fees and costs. Past results do not guarantee similar results in the future. Most cases result in a lower recovery. It should not be assumed that your case will have as beneficial a result. Before choosing a lawyer, ask for written information about the lawyer's legal qualifications and experience.