According to the Californian roads laws, the employer can be held responsible for the truck accident caused by his employee. This doctrine is called vicarious liability which makes the employer liable for the careless acts that his employee, including the truck driver commits during the time of his service. This makes it possible for the victim of the truck accident to forward a claim against the employer and the associated company as well.
What does the law say?
Normally if the trucking company fails to keep proper maintenance of the vehicle and hence the truck accident occurs, they are directly held responsible. But in some cases, the truck accident law can turn against the employer in case of the negligence of the employee as well. If the accident was unintentional and had happened within the scope of the driver’s duties, the principle of “respondent superior” can be applied. In such a case the truck owner will be accountable for the driver’s negligence.
Requirements for the claim on the employer
For a truck accident victim to claim the mistake of the employer, he must be able to prove that the truck driver is an employee under the employer who is held responsible and not just an independent contractor. It is easy to determine if the driver is a legal employee but it is not that easy to determine if the accident occurred within the scope of the employee. Things like the nature, time, and location of the accident are considered to determine whether it happened within the scope of the employee’s duty. Employers are not usually held responsible for the intentional wrong doings of the employees.
Other liable parties
Not only are the employers held responsible, but also other parties like leasing companies, contractors and subcontractors depending on the circumstances. Through all these, the truck accident law of California assures that justice is served rightly in the truck accidents that occur there.