Why Can’t I Just Sue The Driver?

If you have been involved in an accident with a tractor-trailer, the temptation to look for an easy resolution is strong. You may not want to pursue litigation, because you fear that the accident was partly your fault, or you may simply feel it is too overwhelming. It is not uncommon for injured plaintiffs to file suit against the driver of a tractor-trailer, assuming they can be compensated that way. In reality, a tractor-trailer driver is often fundamentally judgment proof, and the right attorney can help you determine how best to obtain the compensation you deserve.

Bigger Than One Individual

When someone is in an accident involving a private individual, it stands to reason that they would file suit against that individual if their injuries are significant enough to allow it. (Florida is a no-fault state, which means that many accident cases with minor injuries are routed through insurance claims, rather than court dockets.) However, a tractor-trailer driver is merely the employee of a larger company. It may be a good idea to name them as a defendant, but it is very likely that even if they are found liable for your injuries, they would not be able to pay off a judgment against them.

Individuals like tractor-trailer drivers are very often what is known as judgment proof. When one is functionally judgment proof, it means that even if they are found liable and a judgment is issued against them, they lack the assets to pay it off. Suing someone who cannot pay compensation is generally not seen as a good way to spend time. If the law permits, filing suit against the driver’s employer may be more successful in terms of your bills being paid.

Can I Sue Their Employer?

An injured plaintiff might wonder why they would ever be permitted to file suit against the company that employed the driver – after all, they did not make the driver engage in negligent behaviors (in most cases). The answer is that a tractor-trailer company may be held liable under two different legal theories. The first is known as vicarious liability, under which an employer is responsible for the torts of their employees if their employees were acting in furtherance of the employer’s business, within the scope of their employment.

The second theory is negligent hiring, which can be more difficult to establish because Florida law has a rebuttable presumption against negligent hiring if the employer appropriately conducted background checks when hiring the employee. In other words, the tractor-trailer company is presumed not to have been negligent if their background check was sufficient. However, a rebuttable presumption is not set in stone; the right case and the right attorney can show that there was cause for concern.

Contact A Tampa Tractor-Trailer Attorney

Filing suit against multiple defendants can feel far too staggering a task to accomplish alone. A Tampa tractor-trailer accident attorney from the Rinaldo Law Group can offer compassionate and knowledgeable representation during what can be a scary time in your life. Call our office today at (813) 831-9999 to schedule a free consultation.

Source:

flhsmv.gov/insurance/