While a truck driver may cause an accident, he or she may not be legally liable for the resulting damages. This is because truck drivers are “on the clock,” so to speak, meaning they are operating their vehicles under the scope of their employment. As such, the trucking company that employs the driver is often responsible for damages in the event of an accident under what are known as respondeat superior rules. Put simply, respondeat superior is a doctrine that states employers are liable for the actions of their employees when such actions result in harm or injury to another and when those actions occur while the employee is carrying out duties covered in the scope of their employment and/or that benefit the employer. In other words, even if a truck driver was negligent, the trucking company may be liable for your damages.

This is not always the case, however. If the truck driver in question is not classified as an employee but, rather, as an independent contractor, the trucking company has virtually no responsibility for the actions of the driver (as long as the driver is, in fact, an independent contractor and is not misclassified as such). Additionally, a trucking company may argue that it is not liable for a driver’s actions if those actions fall outside the scope of his or her employment or when the driver violates company policies (e.g. driving drunk, breaking traffic laws, etc.).

In some cases, neither the truck driver nor the trucking company are liable for an accident and the resulting damages. This could be the case when a third party, such as another motorist, causes the accident or when the accident is the result of a defective vehicle or part.

It’s important to work with an attorney who understands the various nuances involved in truck accident claims and who knows how to determine exactly how an accident occurred—and who is liable. We invite you to contact our Macon truck accident attorneys today to learn more about how we can help you with your case.