If you are involved in any accident in San Antonio, then you may think that you do not have to look beyond the person who caused it to assign liability. In most cases, you would likely be correct. However, many of the clients that we here at The Law Office of Roland R. Esparza, P.C. have worked with in the past have come to us with stories detailing how the actions of third parties contributed to their accidents. Oftentimes, that third part is an employer who is either ignoring the negligent action of an employee, or pushing said employee to the point of committing egregious errors. It is in these scenarios when the concept of vicarious liability comes into play.
Vicarious liability simply means assigning fault to another who, while not directly involved in your accident, may share the blame in causing it. Take a truck accident, for example. Truckers drive long hours at the request of their employers, which can often lead to fatigue. Federal regulations are in place to help mitigate such fatigue, but in many cases, the pressure to follow the demands of an employer may cause one to ignore them. If and when this happens, an argument may be made that the danger presented by the trucker was influenced by his or her employer.
The legal principle of respondeat superior is used in cases where employers are held liable for the actions of employees. According to the Cornell University Law School, however, one must show that the employee’s actions which caused an accident were within the scope of his or her employment. In the case of a truck accident, this may be true if the trucker struck you while completing a delivery.
You can learn more about truck accident liability by continuing to research our site.