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Theories of Liability in Truck Accidents


If you’ve been injured in a trucking accident, you may have a right to pursue compensation and take legal action against the driver responsible for the accident. Because of the size of large commercial trucks compared to that of normal passenger vehicles, the damage trucks can do is often far more than what the truck driver can afford – there’s a chance that the truck driver does not have the financial means to fully compensate you. In these instances, your attorney will likely look to other parties and individuals who are potentially liable. In order to do so, the attorney must find a theory of liability.

Employer Liability

The next obvious entity to look to is the employer. “Respondeat Superior” refers to the legal doctrine that holds that employers should be held accountable for the negligence of the individuals they hire. If the truck driver was an employee of a trucking line, you may be able to hold the employer liable for your injuries. Oftentimes, however, companies will distance themselves from their employee in an effort to avoid this liability.

Negligent Hiring

Companies, trucking lines included, have a duty to not hire individuals who are likely to do unreasonable harm to others. Whether it be through screening or extensive background checks, trucking lines are expected to take the necessary steps to hire employees who do not endanger the public. If, for whatever reason, the trucking line is suspicious of an employee who may be a potential threat, under no circumstances should they engaging in business with this individual.

At Pierce, Sloan, Kennedy & Early LLC our Charleston truck accident attorneys proudly represent the injured and bereaved. We provide a big firm feel, with big firm results. Call us today at (843) 968-0886 to schedule your free case evaluation!

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