Additional Information:
I was rear-ended by a delivery truck in Marlborough of a pretty large Massachusetts based company and my neck was injured in the accident. I got the name of the driver and the insurance information but was curious about the liability of the company. Who is liable- the driver? the company or both? I already went to the doctor and am seeing a chiropractor now. Thanks.
ATTORNEY ANSWER:
When you’ve suffered personal injuries due to the fault of someone else, that person is responsible to pay you damages for your injuries. If the wrongdoer is an employee working for an employer or company when he or she causes the injuries, then the employer or company may also be held responsible if the employee was acting in the course and scope of his job at the time of the accident. If so, then the employer is liable together with the employee. Note, however, that you only collect your damages once. That is, the insurance company that pays you damages on behalf of the employee and/or employer only pays for your damages once even if both the employee and employer are both at fault (for example an employer fails to fix the brakes on a delivery truck and the driver fails to pay attention while operating the defective truck and strikes you.) Note also that even if the employee is attending to his own business while working (such as stopping at the bank to cash a personal check), the employer will be held liable as long as the employee is in the process of “substantially furthering” his or her employer’s business. One other twist: sometimes people are not employees but rather “independent contractors” or an “IC.” Generally, an employer of an IC is not responsible for injuries caused by an IC. However, there are exceptions, such as an IC who performs an “ultra-hazardous” activity such as blasting. Lawyers refer to the analysis of whether someone causing an injury is an employee or IC or is or is not acting in the scope of employment “fact rich.” This means that a little variation or change in the facts may have severe legal implications about whether you will be able to recover all of your damages. Therefore, if you’ve been injured and there is a question of the employment status of a potential defendant, it is very important that you seek legal counsel as soon as possible. The facts are much easier to gather and develop when an injury is recent. As times passes, memories fade, witnesses disappear, etc.
The Marlborough truck accident attorneys at the law firm of Krasnow, Keller & Boris represents victims involved in motor vehicle accidents, construction site injuries, premises liability claims, slip and fall injuries, negligence cases, workers compensation claims, and social security disability matters.
Our experienced truck accident attorneys provide legal services to individuals, families and businesses throughout the Greater Boston region as well as all of Massachusetts. Located in the Boston Metrowest town of Framingham, our attorneys serve adjacent communities including Ashland, Cambridge, Dedham, Dover, Hopkinton, Holliston, Lowell, Marlborough, Maynard, Medfield, Natick, Needham, Newton, Sherborn, Sudbury, Waltham, Wayland, Wellesley, Weston, Middlesex County and Worcester County.