Toyin Omoniyi Another truck carrying a container toppled, causing casualties as usual. And somehow, the drivers of these trucks always succeed in escaping the accident scene without taking any responsibility for their actions. They never seem to be bothered by the consequences of their actions because they do not own the trucks and have nothing to lose (well, except their lives).
The victims of these accidents are then left to suffer because of the negligence and carelessness of the truck drivers.
It is high time we started holding the employers of the truck drivers responsible for the actions of their employees. Yes, we can do that. In law, it is called vicarious liability. As long as it is shown that the employee committed that act while working for the employer, the employer should be liable.
Vicarious liability is when a person is responsible for the actions of another person. It can be between a parent and child, the owner of a vehicle and the driver, an employer and employee, etc.
In the case of a truck driver, if he is an employee of the owner of the truck and commits any wrongful act while working for the employer, the employer will be liable.
One of the reasons for vicarious liability is that an employer who employs someone to work for him so that he can make profit should be made responsible for the actions of that employee who is doing the business of the employer.
Also, the employer had entrusted faith in the employee’s capacity to properly perform that act and should face the consequences if the employee fails to live up to it.
The employer is then made to take responsibility for the negligence of the employee who was working on his behalf.
For example, if the driver of a fuel tanker is supposed to go deliver fuel at a particular place and he decides to run a red light and in the process hits another car, his employer will be responsible for the consequence of such an action.
But if the driver takes a detour to quickly go pick his girlfriend or take her shopping and hits another car in the process, the employer will not be liable. The accident occurred while the driver was running his personal errand and not what the employer asked him to do.
Also, if a person was employed as a conductor to only collect fares and not to drive the vehicle, if he chooses to drive the vehicle and hits someone in the process, the employer will not be responsible. Driving the vehicle was not part of his duties as an employee.
But it must always be established that the employee was acting in the course of his employment. If the employee was carrying out his personal transaction, the employer will not be responsible.
Many employers are not even aware that they can be held responsible for the actions of their employees in the course of their employment.
But an employer can avoid such liabilities if he takes reasonable steps to ensure that the employee does not commit any wrongful act during his employment. He can train the employee periodically, provide him with the necessary materials and incentives he needs to carry out his duties very well.
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