If you’ve been injured in a truck accident, then you might be justified in taking legal action against both the negligent trucker who harmed you and their employer. It is a good thing, too, considering the extensive damages that you’re facing. After all, by reaching into the pockets of a truck company, you’re much more likely to recover the full extent of your damages. But successfully pursuing a vicarious liability claim against a truck company isn’t easy, which is why you need to be thoroughly prepared to advocate your claim.
Defenses to vicarious liability
One key aspect of preparing your claim is to anticipate the defense’s arguments. In the truck accident context, truck companies take a few common strategies. Perhaps the most popular is blame-shifting. Here, the truck company argues that it shouldn’t be liable for your injuries because either the trucker or some third party is to blame. When it comes to the trucker, the truck company often tries to claim that they were operating beyond the scope of their job duties at the time of the accident, such as by deviating from a set route or running a personal errand on company time. This is known as frolic and detour.
Another common tactic utilized by truck companies is raising the issue of comparative fault. Here, the truck company tries to show that you were at least partially to blame for the accident, whether that means you were speeding or following too closely when the wreck occurred. The goal here is to have the judge or jury allocate a percentage of fault to you, which will reduce your ultimate recovery. If you’re found to be more than 50% at fault for the wreck, then you’ll be denied compensation altogether.
Advocates are ready to assist you
Given the number of defense options available to truck companies in these situations, it’s crucial that you have a holistic personal injury claim that anticipates those arguments and is ready to counter them. As said earlier, it’s not as easy as it seems, which is why if you’re like a lot of other truck accident victims, you might find comfort and confidence in obtaining skilled legal assistance with your claim.