Although commercial vehicle drivers tend to (on average) drive more carefully than the typical non-commercial driver, because of their size and weight, the damage commercial vehicles can cause is exponentially higher than when a person is struck by a non-commercial vehicle.

Additionally, many companies have taken steps in efforts to cut-off their liability from driver’s that cause accidents. As an example, Amazon is aggressively engaging resources and funds in efforts to help entrepreneurs launch and grow their own delivery truck service to deliver Amazon packages. Among other things, this could have the effect of, when a driver of one of those non-Amazon vehicles crashes into another person, Amazon can argue that ‘they’ are not liable because the driver is not an employee of and not a driver for, Amazon. But rather an Independent Contractor providing services to Amazon.

Experienced at Holding Parent Companies Liable

To help ensure you receive complete recovery and compensation for your injuries you’ve suffered in an accident involving a commercial vehicle, it is important that your attorney identify and name all possible defendants and sources that can pay. Under the doctrine known as “respondeat superior” a business can be held financially responsible for the negligence of its employee(s). Respondeat superior is a latin phrase that literally translates to “let the master answer”. The doctrine provides that a party may be vicariously liable for the acts of their agents committed within the course and scope of employment. Vicarious liability provides that the master will stand in the shoes of his agent.

Here is an example of when this (respondeat superior doctrine) can become extremely important. Say for example an individual driver of a commercial vehicle negligently rear-ends you/your vehicle, causing tens of thousands of dollars in hospital bills to you. However, a while back the driver failed to pay his/her individual insurance premium and his/her commercial vehicle insurance lapsed shortly before the accident and s/he personally does not have enough personal assets to compensate you. The company which the driver’s services were benefiting, will attempt to claim that they should not be held financially liable for the act(s) of the individual driver. In this type of case The Law Offices of Gregory A. Montegna would pull both defendants into a cause of action (lawsuit) to help ensure you are completely compensated. To pull the company in as a liable party, our firm would analyze three considerations:

• Was the act (the driver hitting you) committed within the time and space limits of the driver’s relationship with the company? Here, the company may look for signs of frolic and/or detour.
• Was the act incidental to, or of the same general nature as, the responsibilities the driver is/was authorized to perform for the company?
• Was the driver motivated to any degree, to benefit the principal (the company) by committing the act.