Accident claims get more complicated when they involve drivers who are using a company vehicle. Whether it’s a pedestrian or the occupant of a passenger car who is seriously or fatally injured, it’s important to seek legal counsel to learn how liability is determined in these cases.
Recently a 32-year-old woman was killed in Brooklyn after getting struck by two vehicles. She was first hit by a BMW and then by an Isuzu box truck. Both drivers remained at the scene of the accident. The driver of the box truck was arrested. He was charged with aggravated unlicensed operation of a motor vehicle.
Residents complain that the intersection where it happened (McGuiness Boulevard and Nassau Avenue) tends to be a location where a lot of reckless driving occurs, according to NBC New York. Speeding is the primary cause.
Liability When an Employee Injures or Kills a Pedestrian
Although the pedestrian was first struck by another vehicle, it still raises questions concerning liability of the other driver. While in this case it’s unknown if the truck driver was working at the time, box trucks are commonly used for retail, couriers, expeditors and moving companies. If the driver was on the job at the time of the accident, it could lead to employer liability.
In this case not only is there an issue of negligence but also of licensure. Again, based solely on media reports the driver’s employment status is unknown but if the driver was working at the time of the accident, the employer may be responsible for allowing an unlicensed driver to operate the truck. Employers may also be vicariously liable for injuries and other damages their employees cause while performing job duties.
While the specifics of this case are still unknown, it does bring attention to the fact that if an employee, such as a taxi driver, is involved in a pedestrian accident that injures or kills someone, the employer can be liable. If you or a loved one were injured in an accident involving a driver who was performing job duties, call Gacovino, Lake & Associates at 800-550-0000 to set up a consultation about the specifics of your case.
