ABA Family Legal Guide

Personal Injury

Negligence

Automobile Collisions

I was injured when my automobile collided with a truck driven by a delivery person. Can I recover damages from the driver or the employer?

You may be able to recover from both. Under a form of strict liability known as vicarious liability, you probably can recover from the delivery person's employer. Under the law, employers may be held liable to third parties for acts committed by employees within the scope of their jobs. Although the employer was not negligent, it becomes indirectly liable for the negligence of its employee. Was the employee making a delivery when the accident occurred? If so, the employer is liable, since making deliveries clearly is part of the driver's job. But if the employee first stopped at a restaurant for drinks and dinner with friends, the employer may be able to escape liability. Respondeat superior is a type of vicarious liability used in the employer-employee context. Literally, it means "Let the superior respond." In practice, it means that if you are injured by an employee, you usually can sue the employer.