Submitted by Soreneck on Mon, 10/19/2009 - 08:45
I was rear-ended by a delivery truck belonging to a pretty large company and my neck was injured in the accident. Can the employer also be responsible for my injury. I got the name of the driver and the insurance information but was curious about the liability of the company. I already went to the doctor and am seeing a chiropractor now. Thanks.
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Editor's Response
Massachusetts certainly recognizes vicarious liability of employers for the negligent acts of employees. As long as the employee was acting with within the scope of of his or her employment at the time she committed the negligent act, the employer may be liable. For example, if the person who hit your car was in the middle of making a delivery for her company, that would be considered acting within the scope of her employment. On the other hand, if the employee was out on a "frolic" (a term commonly used in these cases) and was using the the delivery truck to go pick up her own lunch when she hit you, then vicarious liability may not apply, especially if she did not have permission to make the detour for lunch. Like most personal injury cases, the outcome will depend on the specific facts of your case, so find a MA personal injury lawyer. Good luck.