Trucking companies have a legal and ethical obligation to ensure the safety of their drivers and everyone else on the road. That is, their drivers must undergo proper background checks, training and compliance monitoring to make sure they do not endanger anyone or themselves.
Unfortunately, truck accidents can still happen—with or without a company’s involvement. However, that does not mean a negligent driver’s employer can bypass liability, even if they have every safety protocol in place.
If you get into an accident with a truck, one of your questions might be: Can you hold the employer or truck company accountable?
Here are some answers that might provide some clarity.
Employers are generally responsible for their employees’ actions
Like many other states, Indiana imposes the respondeat superior doctrine when an employee injures someone else.
Respondeat superior, meaning “let the master answer,” holds an employer responsible for employees’ actions if those actions are within the scope of their employment.
For example, suppose a driver, while making a cargo delivery, hits you due to distracted driving. In that case, the employer may be held liable for your damages, as the driver was acting within their job scope.
Another option is to file a negligent hiring claim. This kind of claim alleges that the employer failed to exercise reasonable care in the hiring process, leading to harm caused by an employee. Examples of negligent hiring practices include:
- Not running background checks
- Failing to verify credentials or licenses
- Skipping drug tests
- Disregarding industry hiring standards
You can file either a respondeat superior claim or a negligent hiring claim, but Indiana courts may not accept both.
When vicarious liability does not apply
The scope of employment is a crucial factor in determining whether an employer can be liable. Actions clearly unrelated to the job are typically outside the scope.
For example, if the driver who hit you was on a personal errand during work hours, it is often outside the scope. The same may apply to deliberate criminal acts or severe policy violations, such as when a driver purposefully runs you off the road.
In such cases, filing a claim directly against the truck driver may be the best option for financial recovery.
You deserve fair compensation
Regardless of who should be responsible for your injuries, you deserve just compensation for the harm you’ve suffered. Consider talking to an attorney who can determine liable parties and fight for your rights to a fair settlement.
