The law of California permits a victim with compensation for injuries or losses suffered in a truck accident. Nevertheless, in cases where claims are liable against the driver, compensation might also be sought for additional subjects under the theory of vicarious liability. This can be elaborated in detail by a legal specialist, although some general insight on this beforehand could help.
A rundown on Truck Accident Case
Accidents often happen due to the carelessness of driving the vehicle. Mostly these kinds of truck accident cases happen out of sheer negligence and are subject to be proven to recover compensation.
Facts and figures to be considered are:
- The moral responsibility of the truck driver to drive safely
- Overhasty or careless driving breaching this responsibility
- Whether the victim suffered because of the irresponsible behavior
- The losses borne are due to the injuries
With the above facts in place, the truck wreck attorney can help obtain monetary compensation for various losses, as follows:
- Medical expenses for emergency care, physical therapy, surgery, or any other related expenses
- Loss of wages due to injury preventing working
- Scarring and deformity
- Loss of association
- Pain and suffering
- Emotional distress
- Numerous other situations depending upon the circumstances
Fundamentals of Vicarious Liability
Apart from the above-mentioned elements, the relationship of the driver with the owner, employer, or any other person related to the truck operation is an additional fact in a truck accident case. This secondary obligation is termed as “vicarious” as it passes on the liability of the accident on other subjects.
This concept allows an individual to register a claim averse to any entity, employer, or partner by meeting the criteria of the below-mentioned fundamentals of vicarious liability.
When the driver works on a contractual basis under given terms and conditions of a
- secondary party
- The latter had authority over the driver’s activity
- The driver was acting in complete accordance and within the purview of his employment.
When these three elements are combined with the four pre-mentioned facts of negligence an
individual can chase the truck driver’s partner, owner or any other secondary element who can legally be accountable subject to vicarious liability.
Different Grounds for Claim Denial:
Usually, in automobile accidents, people look forward to being compensated by their insurance company. Wherein, the insurers will always search for loopholes to restrict the disbursement of your righteous claim payment. Denial of the claim depends upon the following reasons:
- Insufficient Proof: Despite meeting all the four components of a negligence case and three components of vicarious liability, an insurance company can dispute the viability of proofs, in the likes of disputing the extent of injuries due to insufficient medical documentation.
- Partial Negligence: The accident might be claimed partially against the claimant wherein the compensation gets reduced by the percentage of negligence accredited to him.
- Detour and Frolic Rule: This theory is an exception to vicarious liability and can reject the employer of the driver as a party. This rules the employer not being accountable if or when the employee was using the truck for personal reasons, not within his employment purview, e.g.: calling a day or deviation of the route for a personal purpose.
The necessity of a Truck Wreck Attorney
Truck accidents require the assistance of a truck wreck attorney. The truck companies have the truck accident specialized legal assistants who inspect and create urgent defense on the incident.
Consulting a truck wreck attorney for representation is recommended to examine the criticality of the scenario through experienced professionals in aspects of driver training, accident reconstruction, roadway, and lighting condition. Timely action is key to a truck accident case to expedite the process of settlement or judgment through authoritative testimonies, giving the victim the best compensation to move on in his life.