Determining Liability in Delivery Vehicle Accidents
Commuters in Provo, Utah and elsewhere should be aware of the liability associated with auto accidents involving delivery vehicles. Similar to typical accidents, individuals who experience harm or injury from a delivery driver may be able to receive compensation from an employer or vehicle manufacturer with the help of a lawyer.
Employer Liability
Alllaw.com explains, “there are two main ways that an employer can be held liable for a car accident caused by an employee: negligence on the part of the employer and vicarious liability.” Negligence refers to the employer’s responsibility to ensure that employees using workplace vehicles are safe drivers. This includes verifying that the employee has a valid driver’s license, conducting driver history checks, background screening and drug testing.
“Vicarious liability … asserts that the actions of an agent are essentially the same as the actions of the principle directing the agent. This means that an employer is considered to be the ‘principle’, and when the employer tells employees (the agents) to do something, it is just as if the principle is the one acting,” says Alllaw.com.
For example, if a Provo delivery truck driver gets in an auto accident with another motorist and the employer failed to conduct a driver history check on the driver (who has multiple prior incidents), the employer may be liable for any damages incurred by the motorist. If you find yourself in this situation, contact local police and then a lawyer.
Other Liabilities
Other parties may be liable for damages depending on the cause of the accident and employment status of the driver. Legalmatch.com provides information about other liable parties during a delivery vehicle auto accident but a lawyer can help determine liability in your specific situation.
If the Provo delivery driver is an independent contractor, then he would generally be held liable for the accident, rather than an employer. Of course, accidents involving delivery vehicles could also be a result of defects in the manufacture or make of the vehicle. If these circumstances arise, the manufacturer may be liable for damages.
Nicole Donaldson is a legal writer for Fusion 360, an SEO and content marketing agency. Information provided by Robert J Debry. Follow on Twitter.
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