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Truck accidents could cause devastating injuries and damage. Trucking companies and truck drivers are responsible for the safety of everyone traveling on the road alongside their vehicles. When a collision with a truck occurs, the party responsible could be held liable in court and required to pay the injured victim compensation for damages.
If you or a loved one were injured in a truck accident, you should immediately seek help from a nearby knowledgeable personal injury attorney. With the assistance of a Bluffton truck accident lawyer, you may be eligible to recover compensation for a wide range of damages.
What is Vicarious Liability in a Truck Accident Claim?
Vicarious liability is a legal doctrine that allows injured plaintiffs to pursue both an employee and their employer for damages related to the truck accident that caused their injuries. South Carolina §15-38-15(C)(3)(a) states that a defendant that acts by reason of employment might be held vicariously responsible for the conduct of another defendant.
Can a Trucking Company be Held Responsible for their Employee’s Accident?
Under vicarious liability, those injured in a big rig accident may pursue compensation against a truck driver’s employer if the driver caused the accident during the scope of their employment. However, the negligent act on the part of the truck driver must be committed during the regular course and scope of their employment duties.
If the negligent act took place during a detour, or minor deviation, such as getting gas on the way to the next stop, the plaintiff might still pursue vicarious liability. But if the trucker’s negligence took place during a frolic, considered a major deviation outside of normal work duties, then the plaintiff would not be able to pursue damages against the employer.
Negligence Hiring
An employer may also be held vicariously liable if they negligently hired an employee. If the employer knew or should have known that the employee was unfit for the position but failed to do something about it, and the employee caused harm during the scope of their employment, the employer could be held liable. A diligent tractor-trailer collision lawyer in Bluffton could investigate the incident and determine whether the trucking company is vicariously liable.
Financial Relief Following a Big Rig Accident in Bluffton
Injured claimants may be eligible to recover compensation for all their damages following a tractor-trailer collision. The property damages and medical bills could be costly. Auto insurance might cover a portion, or potentially all of the damages suffered in the accident.
A big rig accident attorney in Bluffton could help injured claimants seek economic, non-economic, and punitive damages. The most common types of recoverable damages in an 18 wheeler accident case includes:
- Medical expenses
- Out-of-pocket expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
Those who were catastrophically injured in a truck wreck should seek help from a tractor-trailer accident attorney as soon as possible.
Reach Out to a Bluffton Truck Accident Attorney Today
Taking on a personal injury case could be difficult to handle alone. Defense attorneys and insurance companies will do whatever they have to do in order to limit or stop you from recovering compensation that covers the full value of your damages. A Bluffton truck accident lawyer could help you seek the compensation you need to move forward.
Call a semi-truck wreck lawyer at Schiller & Hamilton today to schedule a consultation.