Vicarious liability imposes responsibility without fault on the part of the liable party. The classic form is respondeat superior, making an employer answerable for employee torts committed within the scope of employment.
In trucking, federal leasing regulations extend the concept, making a carrier responsible for the operation of vehicles it leases and operates under its authority regardless of the driver's technical employment status.
Alternative Names:
Imputed Liability
Why it Matters?
Vicarious liability is rarely contested in trucking cases because federal regulations make the carrier responsible for placarded vehicles operating under its authority. That near-certainty is precisely what enables the admission strategy: the carrier concedes what it would lose anyway in order to strip out the direct negligence claims and the discovery that comes with them.
Frequently Confused with
Related terms
Frequently asked questions
Can a carrier avoid vicarious liability by using independent contractors?
Does vicarious liability support punitive damages?
