Who is Liable in a Trucking Accident? Is it the Driver or the Trucking Company?

liable in trucking accident

Pursuing compensation for injuries suffered in a trucking accident is a complex endeavor. The facts of such a case are typically complicated, and they call for a careful investigation and analysis by a qualified truck accident attorney. One of the issues that often arises in truck accidents involves who might be liable for a crash. Would it be the driver, the trucking company or both?

When the Truck Driver is an Employee
According to the Columbus OH trucking accident lawyers at the Flickinger Legal Group, vicarious liability involves an accident when an employer is held liable for the careless and negligent act or failure to act of its employee. If a truck driver caused an accident and injuries, it’s likely that the driver’s employer will be held primarily liable for damages.

Vicarious Liability Elements
According to the lawyers at our trucking law firm in Columbus, in order to have a trucking company held vicariously liable for the carelessness and negligence of its employee driver, three elements must be proved. Those elements follow:

  • The truck driver was working pursuant to the control and instructions of the trucking company.
  • The trucking company had the authority to control the truck driver’s actions.
  • The carelessness and negligence of the truck driver that caused the accident occurred in the course and scope of the driver’s employment.

If an injured claimant can prove all three of those elements, vicarious liability will attach. Any judgement that might be taken in a personal injury or wrongful death lawsuit would be taken against both the driver and the employer trucking company. In all likelihood, it would be the trucking company’s insurer who pays the damages. If you were injured in a trucking accident, or if you lost a family member in one, contact the Columbus OH trucking accident lawyers at the Flickinger Legal Group as soon as possible to arrange for a free consultation and case review. Our trucking law firm in Columbus is ready to help you.