When you are injured by someone else's negligence, normally you sue the person who was responsible for your injuries. However, what happens if the person who actually was responsible for your injuries is not the best person to sue? This can happen in instances where you are hit by a truck driver or where you are injured by any employee of a large company. The person who hit you may not have pockets as deep as his employer, and thus to get a larger settlement, you may wonder if you can sue the employer instead.
So, if you are hit by a truck driver, is the company liable for a negligent truck driver? The answer in most cases is yes.
- The truck driver serves as the agent of the company who employs him
- Through the doctrine of vicarious liability, this means that the company that employs the driver is liable for any negligent behavior done by its agent.
It is often recommended in such instances, therefore, that both the truck driver and the employer be named as the defendants in your lawsuit. This will make each jointly and severally liable for your damages in most cases. In other words, both the employer and the truck driver will have a legal responsibility to pay for any damage award the jury decides upon in your favor. If most of that ends up getting paid by the employer, this is permitted under the law.
To get help determining exactly how to sue a negligent truck driver and his employer, or for advice on who is the best person to name as a defendant when you are injured, you should strongly consider speaking with an attorney who specializes in personal injury law.
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