It’s a question of doubt as to who to sue for the damages and the injuries when an accident occurs with a delivery truck – The driver or the company?
Well, one can always file a lawsuit against the driver. But can also charge sheet against the company (driver’s employer). This is practical due to the liability of ‘respondent superior’ which allows the claimant to sue the company for their employee’s negligence and you should call http://personalinjuryattorneyoceanside.com.
Under this liability, the employer can be made liable for their employee’s wrong actions, but can be only so if:
- The accident occurred due to the negligence of the driver.
- The driver was on duty and within the scope of employment.
So, when can the employer avoid being sued?
- If, in any case, the accident was caused intentionally by the driver then the claims may not be applied to the employer. The scope of employment of the driver includes only if he/she had been on the company’s duties during the time of the accident. If again the employer had been on other routes or work at the time of accident, then it will also not be applicable to sue the employer.
- A claimant can also not sue the employer if the driver is an independent contractor, in which the employer has no control over the means of services or is not liable to their negligence. Although, this may also depend on the language of the terms and agreements between their contract. Some independent contractors come under the liability of the employer for their actions of negligence.
These are some complicated questions that are best answered by the legal experts as they can help with explaining the options and investigating the standing of agreements between the company and the driver to further the case. The compensation is to recover from injuries and to go back to the same state of physical and mind before the accident, it is then bigger to go for the deeper pockets so that a fair share is agreed upon.