It may be clear that the fault lies with the driver of the truck you were involved in an accident with but it may not be as clear as to where the legal liability lies; is it with the driver or is it with the company that the driver works for? There are a number of important issues to take into account, if you were the driver of an automobile that was involved in an accident with a truck then you are well advised to consult with an Iowa city truck accident attorney. The attorney can explain the issues of liability and how they can affect a claim.
When is a company liable for the actions of its drivers?
“Respondeat superior” is the principal theory of liability that holds a company responsible for the actions of an employed driver; basically this means “let the superior answer.” Under this precept the employer assumes responsibility for the wrongful acts of its employees and agents, however there is a caveat; the wrongful act must have been committed within the accepted scope of employment. Basically what this theory is imputing is that the employee is liable to the employer, this in turn makes the employer liable as if the wrong doing was committed directly by the employer.
The thinking behind this is a realization that improper and wrongful conduct is bound to occur while an employer is in business and as a result any losses that result from this wrongful act are one of the costs of doing business.
Was the driver an employee or an independent contractor?
The first thing that an Iowa City truck accident attorney must show on behalf of the client is that the driver is truly an employee of the company and not an independent contractor. In most cases a company does not bear the liability for wrongful acts that were committed by anyone other than an employee.
The normal emphasis is on whether or not the employer controls the details of how the work is carried out or whether the employer simply controls the net result of said work. If the employer does not exercise control over how the work is done then the independent contractor relationship is upheld.
Let’s dissect a typical example. In the event a truck driver uses a vehicle owned by himself, pays for the fuel, insurance, maintenance, etc and is paid on a “per route” basis, receiving no benefits that would be typical if he was an employee and the company does not withhold taxes from the driver or give the driver instructions on how to carry out the task, then the court will agree that the driver is an independent contractor.
