If you are an employee and you suffer a car accident while working, employer liability applies. This is usually the case when a truck driver causes an accident. Employer liability applies when the following happens:

Negligent hiring

An attorney will argue employer negligence when the driver was careless while on the road or he was not qualified to drive the truck. Negligent hiring is very common in such cases because it shows the driver was incompetent in performing his tasks. Before an employer hires a commercial driver, he or she should ensure that the driver is a responsible motorist.

The employer should ensure that the worker has a commercial driver’s license before hiring him and allowing him to drive a commercial vehicle. Other employers go to the extent of checking his driver’s record and conducting drug tests.

Negligent supervision

An employer has the responsibility to ensure that safety rules are in place and the driver understands them before allowing him to drive a commercial vehicle. The driver must also be willing to abide by these rules. For instance, the driver should not drive a commercial vehicle until the employer makes sure that he is healthy and sober. Drivers who are tired because of working the whole day or night should get time to rest.

Vicarious liability

Vicarious liability means that the action of the driver is considered the same as the action of the person directing the driver. In this case, the employer does not need to be negligent. He is considered as the principle under this law, who has directed the driver to perform a duty. Thus it is as if the employer is the one performing the duty. This rule applies when the driver is doing his job and then causes an accident. For instance, if an employer sends an employee to deliver furniture to a client and on the way he causes an accident, the employer is liable for the consequences of the accident.

An employer will not be liable for the actions of the employee when he intentionally causes the accident. There are times when the employee might want to punish his boss leading to intentional causing the accident. Employer liability will not suffice.

If you or your loved one is involved in an accident with a commercial driver, you need to hire an attorney to assist you in filing the personal injury case. Depending on your injuries, you will get compensation for your loss.