How Do I Hold An Employer Liable For A Commercial Vehicle Accident?

If you are involved in a commercial vehicle accident in Florida, you may be considering filing suit to hold a negligent driver accountable. However, it is important to keep in mind that the driver may not be the only defendant who played a role in causing your injuries. A legal theory known as vicarious liability holds that an employer may, if certain criteria are met, be held liable for the tortious acts of their employee. To determine whether your situation meets those criteria, enlisting the right attorney is crucial.

‘Let The Master Answer’

Vicarious liability, also known as respondeat superior, stems from a common-law belief that a master could be held responsible for the actions of their agent or employee. In the modern day, it is a theory used most often to hold a corporate employer liable for the torts of its employees (a tort is the civil law equivalent of a crime). While one might think this rule would be obvious and wide-ranging, there are many different exceptions where an employer cannot be held liable.

In order to hold an employer vicariously liable for the torts of their employees, two major facts must be true, and there must be evidence to back up those assertions. The first is that the employee must have acted within the scope of employment, while the second is that the employee must have been performing job-related tasks, or been otherwise engaged in their employer’s business.

Terms Must Be Defined

Before one can decide whether or not an employer should be liable, certain legal terms must be clarified. The “scope of employment” may differ wildly between two employees of the same organization, but past cases have generally laid out three points that must apply to the employee’s conduct at the time of the crash. They are:

• The conduct must have been the kind of task they were hired to perform;
• It must have occurred within the “time and space” limits of the person’s employment; and
• It must have been motivated, in part or wholly, by a wish to “serve the purpose of employment.”

So, for example, if a commercial driver is driving an order from a warehouse to a store for delivery, it is highly likely that they would be determined to be acting within the scope of their employment – which in turn, would likely put their employer on the proverbial hook for any damage their actions caused to the plaintiff.

Contact A Tampa Commercial Vehicle Accident Attorney

Injuries from a commercial vehicle accident can be serious and even permanent. If you have been injured in this type of crash, a Tampa commercial vehicle accident attorney from the Rinaldo Law Group can help guide you through the legal process to give you the best chance at financial recovery. Call our office today at (813) 831-9999 to schedule a free consultation.

Source:

casemine.com/judgement/us/591484afadd7b049344bac71