If you're a trial lawyer, you know that the McHaffie rule is a formidable obstacle in truck accident cases. Sometimes referred to as the Business Immunity Rule, this legal doctrine shields businesses from direct negligence claims if the company admits that its employee was acting within the scope of employment at the time of the truck accident (ie. admits that the employee was its agent for the purposes of respondeat superior liability). This “immunity” can make it difficult to fully hold a motor carrier or broker accountable for its own negligent actions that contributed to the crash, such as negligent hiring or supervising.
Even though defense may invoke the McHaffie Rule, there are strategies you, as a plaintiff attorney, can employ to challenge its application. In a recent article published in Trial Magazine, The Law Firm for Truck Safety’s DJ Young shared insights, strategies, and real-world examples truck accident attorneys can use to defeat the business immunity rule in truck accident cases.
In this article, Mr. Young delves into the legal intricacies of the McHaffie Rule (McHaffie v. Bunch, 891 S.W.2d 822 (MO 1995)), explaining how comparative negligence rules can be used to undermine the defendant's argument. He additionally explores the policy arguments against business immunity, demonstrating how corporations must take responsibility for their actions and be held accountable for their negligence.
The article also discusses proactive case planning and pleading, demonstrating strategies to identify all potential defendants early on to argue for more discovery and demonstrate corporate irresponsibility.
These are just a few examples of the valuable insights you'll find in this article. Whether you're a seasoned truck accident lawyer or just entering the practice of truck accident law, this article is a must-read for the personal injury attorney looking to fully secure justice for their clients.
Referrals & Co-Counsel
Involved in a Crash?
No other law firm knows trucks quite like us. Our trucking law expertise and trial experience allow us to win multi-million-dollar results year after year.
Our team of truck accident attorneys works tirelessly to help your family find justice in the wake of a catastrophic truck crash.
Referrals & Co-Counsel
No other law firm knows trucks quite like us. Our trucking law expertise and trial experience allow us to win multi-million-dollar results year after year.
Involved in a Crash?
Our team of truck accident attorneys works tirelessly to help your family find justice in the wake of a catastrophic truck crash.
To read the full article, you may read and download it here. We're excited to share this valuable resource with you and hope it helps you achieve the best possible outcome for your trucking cases and clients.
At The Law Firm for Truck Safety, our experienced trial attorneys are dedicated to holding corporations accountable for their negligence and protecting the rights of truck crash victims and their families.
