Most of the time your daily commute is uneventful. You leave your home for work or school, and then arrive home safely at the end of the day. Sadly, some people find their entire world is turned upside down if they are struck by a semi-truck while driving.
Negligence
If you are struck by a semi-truck, it may be because the truck driver was negligent. You may have a claim for negligence under the following circumstances. First, the semi-truck driver must have had a duty of care. Semi-truck drivers and in fact all motorists have a duty to drive reasonably under the circumstances. This duty must be breached, due to the crash. The collision must have been the cause of your injuries and the damages suffered due to the breach must have been foreseeable. Finally, you must have suffered actual damages due to the crash.
Respondeat superior
If you do have a viable claim of negligence, you will want to hold the right parties accountable for the damages you suffered. The truck driver may be a defendant in a subsequent lawsuit, but in some circumstances so may the trucking company. This is due to a legal concept known as “respondeat superior.” Basically, employers are responsible for the wrongful acts of their employees as long as the act took place within the scope of the employee’s duty. So, if the trucker was an employee of the trucking company, the trucking company may also be named as a defendant. Note that respondeat superior does not apply to independent contractors — there must be an employer-employee relationship.
Being involved in a trucking accident can be devastating. You may be left with significant injuries costing you thousands in medical bills, lost wages and more. For this reason, many truck accident victims choose to pursue a personal injury lawsuit to recover the compensation they are entitled to.