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I Was In a Truck Accident – Will The Trucking Company Be Liable For My Injuries?

The truck accident lawyers at Whiting Law Group, Ltd. understand how difficult it can be to identify the right legal action if you are in a trucking accident. Let us help you receive the compensation you deserve.

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If you have been involved in a truck accident, determining who is liable is not always easy, even if it seems clear that the truck driver caused the accident. When trying to find out if the trucking company is legally liable for the accident, there are some key points to consider, one of which involves the doctrine of “respondeat superior.”

Respondeat superior

"Respondeat superior" is a Latin phrase that means “let the master answer,” and is the primary theory of liability that holds a company responsible for a traffic accident caused by a truck driver employee.

Under this principle, an employer is liable for the wrongful acts committed by its employees or agents, provided the acts were unintentional and were committed within the scope of employment. Essentially, respondeat superior imputes the employee’s liability to the employer, making the employer liable as if it had committed the wrongful act itself.

The policy governing this rule is a realization that certain wrongful conduct is bound to occur during the course of the employer’s business. As a result, the losses caused by this wrongful conduct should be placed on the employer as a cost of doing business. Another rationale for respondeat superior is that businesses generally have "deep pockets", when compared to its employees, and are better able to protect themselves by purchasing insurance, spreading the cost over the entire business.

If you have questions surrounding liability for your truck accident, it is important that you contact an experienced truck accident attorney.

Consult an attorney

Whiting Law Group takes a personal interest in every case that comes into our office. If you are looking for an attorney that will give you undivided individual attention, commitment to excellence, and use every possible resource available to help you win your case, then Mr.Whiting and his team of accident and injury trial lawyers personally invite you to contact them for a free consultation toll free at 1-877-936-7200 or by email at twhiting@wlglaw.net. There is no fee unless we win your case.

Sources

http://injury.findlaw.com/car-accidents/trucking-accident-settlements-what-to-expect.html

http://www.nolo.com/legal-encyclopedia/trucking-accident

http://injury.findlaw.com/car-accidents/five-things-to-research-before-your-truck-accident-attorney-meet.html

http://injury.findlaw.com/car-accidents/commercial-truck-accidents-overview.html

http://www.avvo.com/legal-guides/ugc/how-to-calculate-a-truck-accident-settlement

http://www.alllaw.com/articles/nolo/auto-accident/liability-commercial-truck-accident.html