When Employer May Be Liable for Truck Driver’s Negligence
Truck accidents can happen while a truck driver is working and in many instances, motorists, pedestrians and other persons often suffer catastrophic injuries as a result of these accidents. Under California law, a private or public employer may be held liable for the negligence of an employee under certain situations.
If you have sustained injuries in a truck accident, your main goal is to receive all the medical and legal help that you need in order to attain a complete recovery.
Depending on the circumstances of a truck accident, potential defendants in a personal injury lawsuit can include:
- The truck driver
- The employer of the truck driver
- In some cases, the manufacturer of a defective truck or vehicle parts
A recent case decided in California is an application of the principle of an employer’s vicarious liability for a public employee’s negligence.
Background of Truck Accident Case
The case stemmed from a truck accident that happened sometime in 2014 when a city truck driver ran over a sleeping 66-year old man. The truck driver was picking up trash which was part of his job at the time of the accident. It turned out that the injured plaintiff had fallen asleep on the beach and the city driver failed to see the victim when the truck accident occurred.
The plaintiff maintained that he suffered a broken pelvis and multiple fractures to his vertebrae as a result of the accident. He asked for damages to cover his past medical expenses and other non-economic damages.
During the trial, the plaintiff presented an orthopedist who provided expert medical testimony on the extent of the plaintiff’s injuries. After trial and deliberations, the jury found in favor of the plaintiff and awarded him a little over $2 million dollars in damages.
For an employer to be vicariously liable for an employee’s negligent behavior, you must be able to establish certain things such as:
- The employee’s negligence in the course and scope of his employment
- The cause of the accident
- The injury or harm to the plaintiff which injury resulted from the accident
At the Bedford Law Group, our experienced Los Angeles personal injury lawyers can assess your situation and determine the cause of your truck accident and the persons responsible for your injuries. Our firm will work very hard for you to obtain the maximum value of compensation that you legally deserve.
Call us today at (310) 507-7900 to learn more about how we can help you. We handle all personal injury cases and wrongful death claims on a no recovery, no fee arrangement.