If you have been injured in a truck accident, you may be wondering who you should pursue financial claims against relating to your injuries. In most Georgia truck accident matters, the personal injury attorney in charge of the suit on behalf of the plaintiff will try to name as many defendants as possible, and the list of potential defendants will be much larger in scope than the truck driver alone. For example, defendants might include the trucking company that employed the driver, transportation contractors, insurance companies, the city in charge of the road where the accident happened, drivers of other vehicles involved in the crash and more.
For the purpose of brevity in this article, let's focus on the potential liability of the trucking company in such a case. Under the legal doctrine of respondeat superior, when an employee is carrying out actions on behalf of an employer, the employee is essentially under the direct control of the employer. As such, in a truck accident case, the employing trucking company can be held liable if the employee under its control caused personal injury or property damage to another party.
Of course, when it comes to respondeat superior, it must be shown that the employee was acting within the course and scope of his or her employment. If, for example, the employee committed an act that was grossly outside the bounds of employment and/or criminally negligent, then the liability of the employing trucking company might be debated during litigation.
No matter how simple a truck accident case appears on the surface, complications can develop during litigation. Therefore, Georgia plaintiffs may wish to speak with an attorney who specializes in truck accident cases before deciding on the best strategy for pursuing such action.
Source: FindLaw, "Truck Accident Overview," accessed April 01, 2016