Your personal injury lawyer will tell you that personal injury law can get complex if you are ever involved in an accident with a delivery truck because of the many fault issues that can be involved. It may be difficult to comprehend, but your lawyer will tell you that the driver of the delivery truck may not always be legally liable even if he or she hit you!
Since people order things you are going to see delivery trucks on the street all of the time. If you are ever involved in an accident with a delivery truck, your personal injury lawyer in Spruce Grove will tell you that the following conditions must exist before you can declare the delivery truck driver to be at fault.
The concept of respondeat superior applies when you’re trying to sue the delivery trucking company
Your lawyer will tell you that you have the option of filing a personal injury case or claim against the trucking company. You are legally allowed to do this because of the theory of respondeat superior. The tenets of this theory do allow you to hold the trucking company responsible for its employees’ actions. However, you have to prove that:
● The employee’s negligence is what caused the accident
● The employee was working while employed.
Note that you will have little legal recourse if the driver hits your vehicle on purpose. The respondeat superior theory doesn’t apply for intentionally harmful acts done by a company’s employees during the scope of employment.
There are a number of factors that determine if the employee was indeed working within the scope of his or her employment. They include the type of work that the employee was hired to do and the time and location where the accident occurred. The circumstances of the accident also matter.
Exceptions to respondeat superior – suing the driver
Your personal injury lawyer will tell you that there are certain exceptions to the respondeat superior principle. One of these is if the driver hit you while working out of the scope of employment. The other would be if the driver intentionally hit you.
If the driver is an independent contractor.
Lawyers know that you’ll have to sue the individual driver if he or she was an independent contractor for the company that he or she was driving for.
Delivery truck accidents are more common than you think
Delivery truck accidents are more common than you think. That’s why you need to hire a good personal injury lawyer. He or she can help you win your claim or case quickly and easily.