Filing Lawsuit for Injuries Caused by Delivery Truck Crash
Delivery trucks are a regular presence in and around the Las Vegas metropolitan area. As a result, accidents involving delivery trucks occur with greater frequency. Unfortunately, when a smaller vehicle like a sedan or SUV is hit by a delivery truck, the individuals in the smaller vehicle usually bear the brunt of the damage, including serious bodily injuries and property damage.
If you are involved in an accident with a delivery truck, you probably want to know who may be liable for your harms and losses.
File a Personal Injury Lawsuit Against the Delivery Truck Company
If you were involved in a collision with a delivery truck, you should sit down with one of the skilled accident attorneys with LV Personal Injury Lawyers to discuss whether it makes sense to file a personal injury claim against the company that employed the truck driver. Some may think it is unusual to file a claim or lawsuit against the company rather than the driver.
However, this is a well-established, important liability theory that allows you to hold the company responsible for the negligence of its employees. This legal theory is known as respondeat superior.
What Exactly is Respondeat Superior?
Under this legal theory, the company or employer can be held liable for the wrongful acts of an employee. However, as the personal injury plaintiff, you (through your attorney) must show the following:
- The delivery truck accident was caused by the driver’s negligence (not a purposeful act) and
- The driver at the time of the accident was working for the company you filed the claim against.
If the driver hits you or your vehicle intentionally, you probably cannot sue the company. Respondeat superior does not apply if the driver purposely injured you. In this case, you probably could file a personal injury lawsuit against the driver.
Whether the driver was working at the time of the accident depends on several factors. What type of work does the worker do? What was the time, location and circumstances that led up to the truck accident?
For instance, if the truck driver hits another vehicle during the delivery route, the employer is liable for damages, as the driver obviously was ‘on the job’ at the time. But, if the driver left work early that day to go to the grocery store and hits you in the parking lot, the company probably is not liable: The truck driver was not operating within the scope of employment when the accident happened.
File an Injury Claim Against the Driver
The delivery truck company cannot be held liable for the intentional, wrongful act of an employee. Nor can it be held liable for acts that are committed ‘off the job.’ In these situations, the worker’s actions are unrelated to the company. Thus, it is not responsible. You can, however, sue the delivery truck driver personally.
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Sue the Independent Contractor
Another situation where you may sue the truck driver personally instead of the company is where the driver is an independent contractor. This is a self-employed individual and is not working in a typical employer-employee situation.
If a delivery company uses an independent contractor, it normally is not liable for the driver’s negligence. But this will depend in the end on what the terms and language of the employment contract is. It might say the company has some type of control over the actions of the driver. This may undermine the argument of the employer that the driver was working for himself at the time of the crash.
Personal Injury Damages
Regardless of whether you sue the delivery company or the driver personally, you could be entitled to financial restitution for your harms and losses. The forms of recoverable damages include:
- Reimbursement for lost earnings
- Reimbursement for medical costs
- Compensation for your pain and suffering
Hurt By a Delivery Truck Driver? Contact LV Personal Injury Lawyers
If you or a loved one was seriously hurt in a delivery truck accident, you are likely struggling with significant, potentially-debilitating injuries. If that was not bad enough, you could be staring at a mountain of medical bills and other out-of-pocket expenses, in addition to lost income due to time missed from work.
The skilled and aggressive attorneys with LV Personal Injury Lawyers are here to help. If the delivery truck driver and/or the company that employed the driver, was negligent, you may be entitled to financial restitution for your harms and losses.
Please contact our Las Vegas personal injury attorney Zachary D. Clayton today for a free, confidential case review.