Explaining Vicarious Liability In Florida

When accidents happen as a result of a negligent commercial vehicle driver, one of the most important legal concepts that comes up is that of vicarious liability, also known as respondeat superior. Vicarious liability is a concept that dates, in some form, back to English common law, and it holds that in some cases, a ‘master’ or employer is civilly liable for the actions of their employees. However, this is not always true in every case, and it is important to truly understand the concept if you are in a position to file suit after a commercial vehicle accident.
Establishing Negligence
In accident cases, vicarious liability is used to establish that a commercial driver’s employer (usually a trucking company) should bear a share of the civil liability for the plaintiff’s injuries. Most accident cases are brought under the legal theory of negligence, and to establish liability in a negligence case, certain specific criteria must be met. In Florida, they are:
- The existence of a duty of care between plaintiff and defendant – for example, all road users in Florida are required to exercise reasonable care toward each other, regardless of what vehicle they may be using;
- A breach of that duty, via action or inaction;
- Injuries sustained; and
- A showing that the injuries occurred directly as a result of that breach of duty.
So, for example, if a commercial driver causes an accident in which another driver is injured, the injured plaintiff must establish that the commercial driver failed to exercise a reasonable level of care, and as a result, that their injuries occurred – and, if applicable, that the driver’s employer should bear a share of that liability as well.
Actions “Within The Scope Of Employment”
Establishing that a driver was negligent is, unfortunately, only half the battle in a case involving a commercial vehicle. Florida case law has developed specifics that must be shown in court in order to hold an employer liable for the torts of their employees, and at least one must be established in your case in order to prevail. A negligent employee must have either been acting (1) within the scope of their employment; or (2) within the course of their employment, while furthering some interest of their employer’s.
A commercial driver’s job is to drive; if they are, say, involved in an accident while trying to make a delivery, it can be argued that they were acting within the scope of employment when they allegedly caused an accident through negligence. While every case is different, it is crucial to establish the link between the commercial driver’s behavior and the nature of their employment before seeking to file suit against their employer.
Call A Tampa Commercial Vehicle Accident Attorney
Being involved in any kind of road accident can be a major event. If you have been injured in an accident with a commercial truck, and you are unsure exactly who the defendants should be, a Tampa commercial vehicle accident attorney from the Rinaldo Law Group can try to help you determine your options. Call our office today to schedule a consultation.