Commercial Vehicle Accidents & Wrongful Death

While a commercial vehicle can take many sizes and forms, it is generally true that they outweigh personal vehicles by a significant margin. Because of this size and weight, any accident they are involved in has a higher likelihood than usual of causing fatalities, though they are not always the fault of the driver. If you have lost a loved one in an accident involving a commercial vehicle, it is crucial to enlist the right legal help to put you on the right path going forward.

Should We Seek Damages?

A wrongful death is one caused by the wrongful “act, negligence, default, or breach” of contract or warranty of another person. This is an important distinction – if an accident happens due to an outside, unforeseeable force, no liability exists, but if it can be traced to the actions of a person or entity, they can be held liable for damages. In such cases, more than one defendant may turn out to be liable.

Many surviving families do not want to file suit after an accident involving a commercial vehicle, worrying that they will be ‘priced out’ of seeking closure. While of course, no amount of money can bring your loved one back, it can be a positive thing to seek money damages, both to help keep your family afloat after such a sudden loss, and, if possible, to get some kind of closure. Commercial vehicle-related cases also have one factor that is absent in an accident case involving a private person – the potential to bring the driver’s employer into the case.

The ‘Scope Of Employment’

The concept of vicarious liability is a legal doctrine that dates back to English common law, on which most law systems in the U.S. are based. The doctrine holds that if certain criteria apply, an employer may be held liable for the torts (essentially, the civil law version of a crime) of their employees. This can make a big difference in a wrongful death case; if a case can be established against the commercial driver, their employer will likely be on the proverbial hook as well.

If it can be proven that an employee was acting within the scope of their employment – that is, acting on their employer’s business – at the time of the accident, vicarious liability will often, though not always, apply. What this means is that instead of only the commercial driver as a defendant, the parent company may be tapped to fulfill a jury award if they are found liable. This can, in some cases, be the difference between actually receiving money damages and seeing a defendant declare bankruptcy.

Contact A Tampa Commercial Vehicle Accident Attorney

An accident involving a commercial vehicle can cause serious injuries or even death. If your family has lost a loved one after this type of accident, a Tampa commercial vehicle accident attorney from the Rinaldo Law Group can help guide you through the legal process with experience and compassion. Contact our office today at (813) 831-9999 to schedule a free consultation.

Source:

casemine.com/judgement/us/591484afadd7b049344bac71