With all the livestock and produce distributed across California from local farms, you’ve most likely seen their trucks and vehicles on the roads and highways. If you’re involved in an accident with a farm vehicle, you will most likely be able to sue a farm for damages caused by one of their drivers. However, there may be certain situations where you would be unable to sue the farm.
Farm Vehicle Driver Liability in California
Farms are businesses in California and are subject to the same liability laws as all other California businesses. If the farm owns the truck and employs the driver, they will most likely be liable for the actions of their truck drivers through vicarious liability, which is covered in California’s Respondeat Superior Law, which states:
“The employer or a principal could be held vicariously liable for an unlawful or unjust act of an employee or an agent. For the employer or the principal to be vicariously liable under the respondeat superior, the employer or the agent must commit the wrongful act while working in the scope of the employment agency.”
On the other hand, the driver of the farm vehicle could be an independent contractor, meaning they are not necessarily employed by the company. In California, this is not uncommon as there are over 70,000 owner-operator truckers across the Golden State, according to the Journal of Commerce. If an independently contracted truck driver gets into an accident with you, you can file a lawsuit against the driver, but it will be difficult to include the trucking company in the lawsuit.
Can You Hold an Independent Contractor Liable for a Farm Vehicle Accident?
When determining liability between the farm vehicle driver and the truck company, their relationship to one another must be clearly understood. You will need to establish if the independently contracted driver was acting within the scope of employment at the time of the accident. Also, the farm would have to specify the farm vehicle driver as an independent contractor in writing. Failure to identify an employee as an independent contractor would potentially make the farm liable for the farm vehicle driver’s actions. Other liability factors to be considered include:
- The level of control the farm has over the driver’s work
- The type of work the driver was hired to do
- The driver’s employment history
- The driver’s intent
- The nature of the accident and where it occurred
- The expectations the farm had for the driver
As you can see, accidents with independent contractors can become complicated fast. To help you manage your farm vehicle accident claim, the Accident Attorneys at Maison Law are here to answer all your questions free of charge and help you file the proper claim for your accident.
Do I Need a Lawyer for a Farm Vehicle Accident in California?
Farm vehicle accidents can be far more devastating than your typical car accident. Farm vehicles are often transporting heavy machinery, food, or livestock. Victims injured by these vehicles often suffer severe injuries, which require extensive medical treatment and time off work to recover. The financial and physical toll these accidents can have on a person’s life is why it is advisable to speak to an attorney with comprehensive vehicle accident experience. After a farm vehicle accident, an attorney can:
- Investigate and determine wrongdoing or recklessness: Farm vehicle accidents are complicated due to the amount of victims and liable parties involved. There will be several people to get statements from, and some parties may only be discussing their involvement through their attorneys.
- Collect and preserve key evidence: Vehicle work logs, street cameras, dash cams, and witness statements are all key points of evidence for your case. A lawyer can take the proper legal steps to obtain this information and strengthen your claim.
- Communicate with insurance companies and other attorneys: With farms and farm vehicle drivers having accident insurance, it is recommended to have an attorney speak to the insurance adjusters on your behalf. Oftentimes, insurance companies will attempt to trick you into taking part of the blame or get you to say something that hurts your claim. An attorney can protect your liability and right to fair compensation.
- Prove liability: with several parties being involved, any number of them could have caused or contributed to the incident. This makes determining and proving liability challenging. An attorney will assign a team of investigators to determine the cause of the accident, identify all liable parties, and hold those responsible for compensating you for your damages.
What is the Typical Compensation for a Farm Vehicle Accident in California?
If you’re injured in a farm vehicle accident, you may be able to receive compensation for your damages. Even though every personal injury lawsuit has different outcomes, there are three damages you can claim that will have a substantial impact on the amount of compensation you can expect to receive. They include:
- Economic damages: financial damages you incurred due to the accident.
- Medical bills
- Lost Wages
- Loss of future potential earnings
- Loss of property
- Cost of repairs
- Non-economic damages: these are subjective, non-compensatory damages.
- Pain and suffering
- Emotional distress
- Depression
- Anxiety
- Loss of consortium
- Punitive damages: these are damages awarded to serve as punishment to the at-fault party.
- Reckless behavior
- Actions performed out of spite
Contact a Farm Vehicle Accident Lawyer in California
If you or a loved one have suffered injuries due to the carelessness of a farm vehicle driver, the accident attorneys at Maison Law can help you obtain the compensation you need. The road to recovery can seem difficult, there are legal actions we will pursue to make you financially whole for all you’ve endured. For trusted personal injury counsel, contact Maison Law today for a free consultation and case evaluation. There are no upfront fees for our services and you don’t pay a dime until your case is won.
