Andrea can sue not only on the basis of negligence but also negligence per se. U
ID: 373036 • Letter: A
Question
Andrea can sue not only on the basis of negligence but also negligence per se. Under negligence per se theory, negligence will be inferred when the truck driver violated a safety statute, the victim is a member of the class the safety statute was designed to protect, and the violation is the cause of the accident. This inference can make it easier for a plaintiff to prove his or her case.
In addition to suing the truck driver for negligence and negligence per se, an accident victim {Andrea} can sue the trucking company{Azo Trucking Company} under several different theories. A truck driver's employer can be held indirectly responsible under the theories of vicarious liability or respondeat superior. These theories allow a truck driver's employer to be held accountable, even when the employer did nothing wrong, if an employee caused the injury in the course and scope of employment.
When a trucking company knows it is hiring a driver with a record of drunk or negligent driving or maintains the employment of such a driver, it may be held directly responsible under theories of negligent hiring, negligent supervision, or negligent entrustment. Trucking companies owe the public a duty to properly train and supervise the truck drivers they put on the road. This includes making sure that their drivers are not falsifying their log books and are getting enough rest. When they do not meet their duties to others on the road, trucking companies can be held directly liable.
Federal law clearly states that any trucks featuring a company’s placard or name ties that company to the truck and its operator. This means that, as long as the company’s name is on the vehicle, the trucking company will assume its regular degree of liability in case of an accident. It means that the company is equally responsible for hiring such a reckless driver.
Explanation / Answer
Andrea was injured when her car was hit by a truck driven recklessly. The driver , Antonio an employee of the Azo Trucking Company fled the scene,. On what basis may Andrea sue the Azo Trucking Company when Antonio was the individual being reckless?