UPS Driver Crash May Demonstrate Vicarious Liability of Employer

When someone is seriously injured in a vehicular accident typically the driver is liable for damages. However, if the driver was working at the time of the crash, it may be possible to hold the driver’s employer liable.

This could be the case for two workers inside a bucket truck, who were struck by a UPS driver. The workers were inside the upper part of the bucket at the time of the collision and the accident threw them on the ground. Both sustained body and head injuries, with one listed in serious condition and the other in critical condition.

When an Employer Is Liable for an Accident

The most important issue in a car accident claim is ‘who was at fault?’ The investigation is still underway as of media reports shortly after the incident, but provided the bucket truck was parked properly, the workers inside the bucket may not be responsible for the collision. Although it’s currently publically unknown what caused the UPS driver to crash into the bucket truck, if it turns out the driver was responsible, the UPS driver’s employer could also be legally liable.

Employers are generally accountable for the negligent actions of their employees. As long as it occurred during the employee’s scope of employment, this falls under what is known as vicarious liability. Of course, this is assuming the employee was at fault for the accident. Keep in mind that the employer will also have legal counsel.

So to be successful in this type of case, there must be proof that the employee’s negligence was the cause, for example: 

  • running a red light;
  • using a cell phone at the time of the crash; or
  • speeding.

Gacovino, Lake & Associates helps victims of car accidents hold negligent parties – whoever they are – liable for damages. Set up an appointment: 800-246-4878.

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