Vicarious Liability & Commercial Vehicle Accidents

Being involved in an accident with a commercial motor vehicle (CMV) can mean life-changing injuries and medical expenses that threaten to bankrupt the average family. However, filing suit against a negligent CV driver may not result in much compensation. Because of this, Florida honors a legal concept called vicarious liability, also known as respondeat superior (“let the master answer”) that can help you get the compensation you deserve.

Employer May Be Liable

Vicarious liability is a theory that dates back to English common law, and it essentially holds that an employer may sometimes bear a share of the liability for any injuries or damages their employees cause. While this is only applicable if certain criteria apply, it can sometimes help an injured plaintiff get their medical bills paid if it can be shown that the driver of the CV was acting within the scope of their employment at the time of the crash.

What this means is that if the driver of a CV is on the clock, engaged in the job that their employer hired them to do – for example, driving a load of cargo to another city to deliver – and they negligently cause an accident, it is probable that their employer will share in any liability. By comparison, if the driver is off on their own business (sometimes called a ‘frolic’), their employer will bear no liability.

Negligence First

If you have been in an accident involving a commercial vehicle, and you suspect that negligence played a role in causing your injuries, the first priority is to establish that negligence actually occurred. The question of vicarious liability does not come into the proverbial equation until negligence is established, so you and your attorney must focus on that point first. Once this has been established, then it becomes relevant to determine the driver’s status at the time of the crash.

One other factor to keep in mind as you and your attorney determine the viability of your case is the question of comparative fault. Florida has recently reformed its fault laws, going from a standard comparative negligence statute to a pure comparative fault statute. What this means for the average person is that if they are found to bear more than 50 percent of the fault for their own injuries, they cannot financially recover.

Contact A Tampa Commercial Vehicle Accident Attorney

If you have suffered injuries after a commercial vehicle accident, it can feel overwhelming and intimidating to seek legal compensation. We are here to help – a Tampa truck accident attorney from the Rinaldo Law Group can ensure your rights are protected as we navigate the legal process. Call our office today to schedule a free consultation.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html