Vicarious Liability and How It Applies to a San Antonio Commercial Vehicle Accident Case | Texas Attorneys
If you’ve been in an auto accident involving a commercial vehicle in San Antonio, the company that owns the vehicle may be liable for damages. This is through the legal concept of vicarious liability, which makes a company liable for its employees’ negligence. A skilled lawyer from Carabin Shaw can help you get the compensation you deserve.
What Is Vicarious Liability?Vicarious liability is a form of strict liability, meaning the party is liable based on their relationship with the at-fault party rather than their negligence. Texas law covers vicarious liability under the doctrine of respondeat superior. This doctrine helps a lawyer to seek compensation for their client from an entity with the means to cover their losses.
For a company to be vicariously liable in a commercial vehicle accident, the driver must have been:
- Acting as an employee at the time of the accident.
- Acting within the scope of their employment.
This shields San Antonio, Texas, employers from liability in cases where the employee drove a vehicle for personal errands or drove to and from work. However, it can make an employer liable for an accident if an employee gets paid to drive co-workers to and from work.
Bifurcated Trials in Texas Commercial Vehicle Accident LawsuitsBecause of the fact that companies often have more capital and higher commercial vehicle liability coverage, some commercial vehicle wreck victims have received windfall judgments from lawsuits using vicarious liability as an argument. That is why Texas courts bifurcate some commercial vehicle lawsuits, so the company is viewed separately from the negligent commercial driver. This is supposed to make judgments more just for the employer.
The San Antonio TX lawyers at Carabin Shaw understand that commercial vehicle accident cases can seem complicated to victims who don’t have legal experience, and we make sure our clients understand the legal process every step of the way. Read our client reviews to find out more about the positive legal outcomes we’ve achieved for accident victims.
How to File a Lawsuit Arguing Vicarious LiabilityHiring a lawyer is a requirement for filing a large lawsuit, and in many cases, your legal team will be able to negotiate a settlement to maximize your compensation. At Carabin Shaw, we offer a free consultation for your first visit, so you can make informed legal decisions before retaining our services. We offer our services on a contingency-fee basis, so you only pay if we win your case.
Once we have the details surrounding your commercial vehicle accident, we’ll prepare your case by doing the following:
- Collecting evidence to prove liability and damages
- Interviewing witnesses and experts who can offer relevant testimonies
- Computing damages to claim in your personal injury case
- Preparing legal petitions and documents associated with your injury claim
- Communicating with insurance companies and liable parties
- Negotiating a settlement or preparing your case for trial
Hiring a commercial vehicle accident attorney in San Antonio allows you to work with someone with local knowledge of the conditions and laws that can help you win your case. It also pairs you with a law firm committed to excellence, as their local reputation hinges on reputable services.
The Best San Antonio Truck Accident Lawyers for Your Case | Call Carabin Shaw Today To Schedule Your FREE, NO-OBLIGATION CONSULTATION!Vicarious liability is important in any commercial auto accident because a company’s insurance policy will likely cover a commercial driver’s negligence. Understanding how to hold a company accountable for your losses is essential for you to seek full compensation for your damages, and only a knowledgeable attorney can fight for the compensation you deserve.
At Carabin Shaw, we offer empathetic legal services and prioritize results. We understand how important compensation is for accident victims so they can successfully move past the trauma of an accident. Call our toll-free number today at 1-800-862-1260 and speak to a member of our team. Someone is available to speak to you 24/7, and we have English—AND Spanish-speaking staff.
For more information:
Vicarious liability Frolicking Away Chapter 72. Liability of Motor Vehicle Owner or Operator