In Pennsylvania, when an individual's negligent act causes harm to another person, very often that other person will be able to sue the negligent individual for damages. In a truck accident, for example, an injured party may be able to sue a negligent truck driver. But what about other parties? What if the truck driver is affiliated with a truck company? Can the company be sued? Here we have a brief summary of a few of the legal rules governing whether a truck company can be sued in a truck accident.
Usually, a party can only be sued in a personal injury lawsuit if it is negligent or reckless in some way. For example, if a truck company has overscheduled a truck driver so that the driver feels compelled to violate hours of service rules, it may be possible to make a case that the truck company has committed a negligent act and must pay compensation.
There are exceptions to this rule, however, so it also may be possible in some cases to sue a truck company even if there is no evidence that the company was negligent. For example, if a driver is an employee of a truck company, it may be possible to sue the truck company under a legal principle that holds employers liable for some of the acts of their employees. Specifically, if an employee commits a negligent act in the course of their employment with the employer, it may be possible to sue the truck company.
What if the truck driver is an independent contractor of the truck company? In that case, it still may be possible to sue the truck company. If the truck company exercises a sufficient level of supervision over the actions of the contractor, it may be possible to recover compensation from the truck company.
Post Type: Q&A