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Personal injury, truck accidents and vicarious liability

On Behalf of | Oct 3, 2019 | Personal Injury |

If you find yourself gripping the steering wheel a little harder when being passed by a speeding semi-truck, you’re not alone. Many motorists in Illinois are afraid of these massive vehicles because they know the amount of damage they can cause when they run astray. Sadly, far too often negligent truckers cause truck accidents that leave these innocent motorists with serious injuries, including those that are disabling. This is wholly unfair, especially given the extent of emotional, physical and financial harm that is suffered by these victims.

The good news is that those who are injured in a truck accident caused by a negligent trucker may be able to recover compensation for their damages if they are able to successfully pursue a personal injury lawsuit. Yet, given the extent of damages suffered by truck accident victims, even when judgments are obtained against truckers in their individual capacities, they usually don’t have funds that are adequate. Therefore, truck accident victims need access to deeper pockets that are more fully able to compensation them. This is when it is time to turn toward a vicarious liability claim.

Vicarious liability is a legal theory where an employer is held liable for the negligent actions of its employees. In order for vicarious liability to apply, certain legal elements must be established, such as the fact that the employee was performing his or her job duties at the time of the accident in question and that the employer benefited from those duties. These can be challenging legal elements to prove, though, especially if an employer argues that the negligent employee was operating beyond the bounds of his employment at the time of the accident in question.

Pursuing a personal injury lawsuit can be frightening. After all, most truck accident victims know little about the law and are quickly intimidated by aggressive defense attorneys. This is why these victims need an equally aggressive advocate on their side. By acquiring the assistance of a skilled legal professional, these victims may be able to increase the likelihood that they’ll be able to impose liability and recover the compensation they need and deserve.