Last weekend my wife and i were out shopping in Massachusetts when we pulled back onto the road outside of the mall. There was a delivery truck that came flying out of a side street and hit our front end. My wife was driving and she broke her wrist on the steering wheel when the crash made her move forward. So we pulled over onto the side street and the delivery guy said he would pay our bills but now we're wondering if we should sue the pizza company or the delivery guy. We got the name and number of the pizza place and I took pictures with my phone before the guy left the scene. So my wife missed a couple days of work and we have an emergency room bill we'll have to pay. We are wondering if we can sue the employer or business because of the negligence of the employee? The guy admitted he was at fault and I know the insurance company will agree. Thank you.
Submitted by JoseRi on Thu, 12/01/2011 - 09:25
Vicarious liability of employer for employee accident
Under a typical vicarious liability case in Massachusetts, the injured party has the option of suing the employer, the employee, or both. Assuming the delivery guy was in fact an employee of the pizza business and was acting within the "course and scope" of his employment (not using the truck for a date with his girlfriend), then the employer may be liable for his actions. You can follow this link for more information about employer liability for the negligence of an employee. However, if I were in your shoes, or your girlfriend's shoes, I would contact a MA injury attorney to help you sort out the issues and determine how to proceed. Good luck.
Hi,Sorry to hear about this.
Hi, Sorry to hear about this. With a serious injury such as this one, it would not be prudent to accept the company's position that they would "take care of it" because that is not the way it works with a case like this. The only way to make sure your rights are protected is by hiring an experienced Massachusetts personal injury attorney to even the playing field against the insurance company that wants to get rid of your case as fast as possible, and for as little as possible, before you get an attorney. Beware of the nice adjuster who calls and tries to befriend you, as his/her interests are not in line with what is best for you. I would be happy to give to you a free, no obligation telephone consultation to see if it is a case I would take. Thank you,
Attorney Chris Earley