Transportation companies have a lot on the line when a driver is involved in an accident that leaves people injured. Of course there’s the optics of the accident, which can damage the business’s reputation, but there’s also the very real financial ramifications that can follow. In a lot of these cases, victims sue both the driver and his or her employer in hopes of reaching a deeper pool of resources to recover their losses. This can threaten the financial health of both the transportation company and its insurer.
But strong defense options might be available. This week, let’s briefly look at one of those options that may be available to you: frolic and detour.
What is frolic and detour?
Before vicarious liability can be imposed, a victim has to show a number of things. Amongst them are that the driver who caused the accident was on the clock and performing his or her job duties at the time the accident was caused. Sound straightforward? It isn’t always. In some cases, errant drivers cause accidents while they are deviating from their routes or running personal errands while on the clock. Depending on the severity, this can be considered frolic or detour.
This argument can be made in a number of ways in addition to showing deviation from an employer’s instructions. For example, distracted driving caused by personal cellphone use may be a defense argument in your case, and so, too, can other illegal activity that results in an accident. Even a shortcut in hopes of shaving time off of a trucking route may be deemed a significant enough detour to help you escape liability.
Building your case to protect your interests
There’s a lot at stake in personal injury cases stemming from truck and other transportation accidents. That’s why you need a holistic defense that competently analyzes the evidence at hand and anticipates the plaintiff’s arguments, all in light of the law. Only then can you maximize your chances of success. If you think that you could benefit from aggressive advocacy, then it might be time to sit down with an attorney who is experienced in these kinds of cases.
