If a truck driver or delivery driver hits me, can I sue that driver’s company?
If it is established that another driver’s careless or reckless driving caused your crash, and the driver was working at the time of the incident, your attorney will certainly examine whether the driver’s employer can be held liable.
Under North Carolina law, an employer can be held liable for the negligent acts of its employees – if those acts are committed in the “course and scope” of the employment. So, if a truck driver is making a delivery and causes an accident that harms you or a loved one, the driver’s trucking company could be sued for damages.
However, if the driver was not “on the clock” and tending to his or her own personal business at the time of the crash, the case becomes more complicated. The employer may contend that it should not be held liable.
In some cases, an employer can be liable if it was negligent in hiring, training or supervising an employee. For example, if a trucking company hires a driver who had multiple accidents or traffic violations on his or her record, that company could be liable for negligent hiring.
See our page on Investigating Your Accident Case to see how we would look into an employer’s potential liability.