If a Semi-Truck Hits Me, Can I Sue the Company?

Yes, in most cases. The respondeat superior rule typically applies in these cases. This rule has two basic components, which are outlined below. This rule is important for two reasons. First, semi-truck accident victims often sustain catastrophic injuries, due to the sheer size of these vehicles. A fully-loaded semi-truck usually weighs over 80,000 pounds. That figure includes hundreds of pounds of highly-flammable diesel fuel. Most drivers don’t have enough insurance to cover damages in these cases. Second, if trucking companies are held liable for damages, they’ll take steps to prevent accidents in the future.

Usually, the responsible trucking company is an out-of-state transportation or shipping firm. These companies often have considerable financial resources, which as mentioned above, is good news for victims in some respects. It’s bad news for victims in other respects. Rich companies hire high-priced lawyers that usually fight truck crash claims tooth and nail. Therefore, only an aggressive San Marcos personal injury lawyer should handle such cases.

Employee Negligence

This respondeat superior element is actually two elements, but since they’re closely related, we’ll discuss them together.

Many truck drivers are non-employees for most purposes, like tax purposes. But for negligence purposes, almost any truck driver is an employee. This category includes owner-operators, independent contractors, and even unpaid volunteers.

Employer control is the key element. The aforementioned shipping, transportation, and other companies control truck drivers, in terms of items like cargo shipped and cargo destination. This employer control, no matter how limited, gives truck drivers employee status.

Negligence is different in this contact as well. Most noncommercial drivers have a duty of reasonable care to avoid accidents when possible. But commercial operators, like truck drivers, usually have a duty of utmost care. They must go the extra mile to prevent accidents. Because of the higher standard of care, it’s easier for a San Marcos personal injury lawyer to prove negligence, or a lack of care.

That’s especially true since the burden of proof in these matters is only a preponderance of the evidence (more likely than not). Therefore, a little evidence goes a long way. Evidence of driver negligence includes aggressive driving, like speeding, and driver impairment, like fatigue.

Scope of Employment

Once upon a time, California law was very narrow in this area. Truck drivers only worked within the scope and course of employment if they were regular drivers on regular routes. Substitute drivers or any drivers who took detours were exempt from respondeat superior liability.

Fortunately for victims, the law recently changed on this point. Today, if the driver’s behavior benefits the employer in any way, the driver is working within the course and scope of employment.

The expanded rule applies to all other individuals as well. Assume Frank, who’s a temporary worker, is hurt during a company softball game. As mentioned, Frank is an employee despite his independent contractor status.

Furthermore, the softball game meets the course and scope of employment standard. Employers benefit when their workers are healthy and happy. Additionally, the employer’s name or logo is usually on the jersey, scoreboard, or other place. That advertising further benefits employers.

Work With a Dedicated San Diego County Lawyer

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in San Marcos, contact the Pursley Law Firm. Home and hospital visits are available.