One morning, a mother drives her children to school in suburban Cobb County. It is a clear fall day in late October. The mother drops the kids off and heads home to do housework. On the way, an 80,000-pound tractor-trailer unexpectedly swerves into her lane and crashes into her car. The mother suffers severe injuries in the crash and needs immediate medical attention. An ambulance arrives at the scene and transfers her to a nearby trauma hospital. The mother suffers spinal injuries and facial fractures, requiring surgery. After four months in the hospital, she is released but still needs physical therapy, pain management, and psychological care.
In addition to tremendous physical and psychological suffering, the mother also has to deal with expensive medical bills. She is unable to care for her children and needs help managing their daily activities. She consults a lawyer, who determines that the driver lives in a low-income area and likely does not have the means to cover the mother’s bills. The trucking company that employed the driver is a small company and probably has similarly limited means. Therefore, the lawyer decides to sue the insurance company that insured the tractor-trailer.
Respondeat Superior
Georgia, as well as many other states, recognizes the legal theory of respondeat superior, which literally means, “let the master answer.” Under this legal doctrine, an employer can be vicariously liable for the acts of an employee, provided that the employee is operating within the course and scope of his or her employment. Vicarious liability of an employer permits holding the employer responsible for the negligence of an employee. In such an instance, the employer would also be responsible for satisfying monetary damages caused by the employee’s negligence.
The legislative intent of respondeat superior is the belief that holding the employer responsible increases the victim’s chances of adequate compensation, because an employer tends to have more financial resources. Because the employer controls the employee, the employer should be responsible for the employee’s actions while working in the course of employment. Under this legal theory, the employee is considered an agent of the employer.
Insurance Company Liability
In addition to holding the trucking company liable for the negligence of the tractor-trailer driver, Georgia law permits someone injured in a trucking accident to directly sue the insurance company. The insurance contract between the trucking company and the insurance company was intended to remunerate those who might be injured in accident with the truck. Trucks, due to their large size, are more likely to cause significant injury when involved in an accident with a member of the public. Therefore, in the example above, the mother would sue the driver, the trucking company, and the insurance company by naming them as defendants in a negligence suit.
If you’ve been injured in a tractor-trailer wreck in Georgia, you need a lawyer who is familiar with Georgia personal injury law. Contact Joel Williams, a Cobb County personal injury attorney.
