On November 10, 2022, a woman (“Woman”) and her children (“Minors”), together (collectively referred to as “Plaintiffs”), were seriously injured after being involved in a crash with an 18-Wheeler (the “Incident”). The 18-Wheeler driver (“Driver”) and his employer, a commercial trucking company (“Trucking Company”), together (collectively referred to as “Defendants”) have both been named in a lawsuit, alleged to have committed acts of negligence resulting in Plaintiffs’ injuries. The Woman filed the lawsuit in her individual capacity, as well as on behalf of the Minors, against said Defendants, in Jefferson County District Court.
The lawsuit alleges that the crash occurred because the Driver failed to pay attention to the roadway while driving an 18-wheeler in the course and scope of his employment for the Trucking Company.
Whether the Driver was acting within the scope of his employment for the Trucking Company is relevant to the theory of Respondeat Superior. The theory of Respondeat Superior holds an employer strictly liable for the wrongful acts of their employee, if the negligent act(s) occurred while the employee was acting within the scope of their employment.
If at the time of the Incident, the Driver was acting within the scope of his employment for the Trucking Company, the Trucking Company may be held strictly liable for the Driver’s negligent action(s). The theory of Respondeat Superior does not remove the liability the Driver has to the Plaintiffs, but allows the Plaintiffs to seek recovery from the Trucking Company.
Through the lawsuit, Plaintiffs seek to recover damages for their past and future physical pain and suffering, disfigurement, past and future impairment, mental anguish, past and future medical expenses, in addition to exemplary damages.
If you or someone you know has been injured as a result of the negligence of others, it is important to find a skilled law firm to handle your claim. The law firm of Abraham, Watkins, Nichols, Agosto, Aziz & Stogner is the oldest personal injury firm in Texas, and our attorneys can assist you with your claim. Call us today at 713-222-7211 or toll free at 1-800-870-9584.