Indiana Injury And Family Lawyer BlogSuing Employers for Indiana Truck Accidents
Due to the size and weight of a commercial truck, a collision with a smaller vehicle can lead to significant injuries. When a truck driver’s negligence leads to a serious accident, an injured party may seek compensation from the driver’s employer. However, the accident victim must prove certain legal elements before an employer can be liable for damages. An experienced Indiana personal injury attorney can help argue that an employer should be liable for their employee’s negligence.
Sadly, a 6-year old died and two children suffered injuries after a recent truck accident in Jackson County, Indiana. According to a local news article, a Ford was traveling east with three young passengers when it collided with a semi-truck traveling north at an intersection. The force of the collision sent both vehicles off the road. First responders arrived and transported all three passengers to the hospital, where one child tragically died from his injuries. Police are continuing to investigate the crash.
Can You Sue a Truck Driver’s Employer After an Indiana Truck Accident?
If a truck driver was completing a delivery during the crash, you may be able to recover damages from the driver’s employer. Truck drivers may not possess the means to pay the full compensation you need after a debilitating truck accident. To hold an employer liable for a truck driver’s negligence, a plaintiff must prove the driver was acting within the “scope of employment.” Typically, employees act within the scope of employment when they perform job duties at their designated work location within a designated time frame. For example, a truck driver acts in the scope of their employment if they are driving on a pre-determined route to complete a delivery at a scheduled time. However, if a driver used a company truck to make a personal delivery outside of working hours, that driver would not be acting within the scope of employment. Plaintiffs who can prove the driver acted within the scope of employment may be able to hold an employer liable through a legal concept know as vicarious liability or respondeat superior.
When naming a truck driver’s employer in a personal injury lawsuit, plaintiffs should know that proving vicarious liability is only the first step toward recovering damages against an employer. After showing that an employer can be liable for its employee’s actions, the plaintiff must prove all four elements of negligence: duty, breach, causation, and damages. Essentially, the plaintiff must show that the defendant’s negligence caused the plaintiff some injury that a damages award can redress. Plaintiffs must prove their case by the preponderance of the evidence, meaning it is more likely than not that the defendant’s negligence led to the plaintiff’s injury.
Have You Been Hurt in an Indiana Truck Accident?
If you or someone close to you has suffered harm from an Indiana truck accident, reach out to Padove Law for immediate assistance. Personal injury attorney Burton A. Padove possesses nearly 40 years of experience fighting for accident victims throughout the state of Indiana. Attorney Padove diligently advocates for his clients’ rights, and he has secured many favorable rulings for accident victims and their families. For a free initial consultation, call 877-446-5294.