Delivery Truck Injury Accident
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Who Is Liable If I Am Injured by a Delivery Truck Driver?
There are many ways a driver of a passenger car can be injured by a delivery truck, such as a rear-end, a side-swipe, and even being crushed by the underside of the truck. If you are injured by a delivery truck driver, you will likely be able to file a lawsuit against any number of defendants for negligence. Possible defendants who may be held liable for your injuries include:
- The truck driver
- The truck driver’s employer
- The truck company
- The truck manufacturer
- The shipper of hazardous goods
- The truck repair shop
- The establishment that served the truck driver alcohol, thereby causing him to become intoxicated
- The government agency responsible for maintaining roads
The truck driver may be at fault because of errors made while driving, fatigue, or driving while under the influence of alcohol or drugs.
On What Basis Can I Sue the Truck Driver’s Employer?
You can sue the truck driver’s employer on the basis of the theory of respondeat superior, which means that employers are liable for the negligent acts of their employees. The employer is vicariously liable for an accident that occurs during the usual course of the employee’s business. However, in order to hold the truck driver’s employer liable, the truck driver must be directly employed by the company, and must have been acting in the course of his employment; he must not be an independent contractor of his employer.
You may wish to file suit only against the truck driver’s employer, and not the truck driver, because you are more likely to recover damages for your injuries from the employer than from the truck driver.
On What Basis Can I Sue the Truck Manufacturer?
You can sue the truck manufacturer on the basis of design defect, which means that the accident occurred because of a defect within the truck, or a defective part of the truck. Liability would then fall to the truck manufacturer or the maker of any of the truck’s parts.
How Can I Sue the Shipper of Hazardous Goods?
If the goods contained in the truck were hazardous, meaning that they were solids, liquids, or gases that are harmful to people, other living beings, property, or the environment, then you can sue the shipper if the shipper failed to inform the truck driver or truck company that the goods were dangerous.
How Can I Sue the Truck Repair Shop?
It the truck had recently been repaired, and it is determined that the repairs were performed incorrectly, then you can sue the mechanic who did the repairs and the mechanic’s employer.
Seeking Legal Help
If you were in an accident involving a delivery truck driver, and wish to recover damages for your injuries, you should consult an attorney.
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Last Modified: 06-26-2017 12:19 PM PDT
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