How Does Vicarious Liability Help An Injured Plaintiff?
Vicarious liability is a common-law doctrine, though it has somewhat been codified in Florida’s law. It holds that if an employee commits a tort (essentially, the civil law version of a crime, punishable by money damages instead of jail time) while on the clock, the employer may be held liable if certain criteria about the situation apply. This can both help a negligent driver – they will not be the only one on the proverbial hook if the theory applies – and an injured plaintiff.
Many Exceptions
The theory of vicarious liability holds that the employer (or individual boss, depending on a company’s make-up) should be held liable for the torts of their employees if their employees are acting within the scope of their employment – more specifically, if the employee is engaged in the type of work they were hired to perform, and the work is being done in the time and place where they are employed. While this sounds straightforward, there are several exceptions to this rule. For example, employers will usually not be held liable for intentional torts (for example, sexual assault or robbery with a deadly weapon), even if the employee was ‘on the clock’ at the time.
In addition, an employer can be held liable for an employee’s torts – such as negligence, which is the most common legal theory under which car crash cases are brought – if the employee is acting “in furtherance of their employer’s business,” even if their motivation is misplaced or excessive. If a commercial driver exceeds the speed limit or their Hours of Service limits in order to deliver an order more quickly so as to make their employer look good, any accidents the driver causes will still be under the aegis of the employer.
Employee & Employer Negligence
What this all means in car accident cases is that a commercial driver, whose vehicle is likely much larger than others on the road, must uphold the duty of care owed by every road user to each other. If the driver commits a tort, and it can be shown that the tort was committed in furtherance of their employer’s business, while performing the work in the required time and place of employment, their employer will likely be held liable for vicarious liability.
Note that this is different from negligent hiring, which is a different cause of action applicable only to the employer. If an employee is negligent while on the job, the employer may also because they did not properly instruct their employee or were negligent in some other way – but if an unsuitable driver was negligently hired by a transport company, it is the transport company who bears liability if they had an idea previously that the driver was unfit.
Call A Tampa Commercial Vehicle Accident Attorney
If you have been involved in an accident with a commercial vehicle, your injuries may be quite severe, and knowing that you may seek damages from both the driver and their employer in some cases may help influence your decision about whether or not to pursue legal actions. A Tampa truck accident attorney from the Rinaldo Law Group can offer advice and help you determine where best to go from here. Call our office today to schedule a consultation.
