Accidents involving a dump truck can lead to severe injuries due to the sheer size of a typical truck. Often, a dump truck driver is an employee that a company hires to transport materials to a worksite or assist in a construction project. When a dump truck driver causes a serious accident, the injured party may seek to hold the driver and their employer accountable.
As a recent news article reported, a passenger tragically lost her life in a three-vehicle crash with a dump truck in Salem County, New Jersey. The accident occurred at an intersection on Route 40 as a driver traveling west made a left turn into a driveway. A dump truck approaching from behind struck the car’s rear end, pushing the truck into the opposite lane. The truck was then struck by a vehicle traveling east. A passenger in the eastbound vehicle was killed. The driver was transported to the hospital for serious injuries. The westbound driver only suffered minor injuries, and the dump truck driver was unharmed. The crash remains under investigation.
Can You Sue a Dump Truck Driver’s Employer After an Accident?
If a dump truck driver’s negligent driving caused you serious harm, you may be able to sue the driver’s employer. After a New Jersey dump truck accident, you may be left with severe injuries or property damage. However, individual truck driver may not be able to afford to compensate you for the full extent of your injuries. Under the doctrine of respondeat superior, New Jersey law allows plaintiffs to hold employers liable if an employee was acting within the scope of their employment with the company.
Typically, an employee acts within the scope of their employment when completing work at their designated location within an assigned work schedule in furtherance of the employer’s business. For example, a construction company may be liable for a dump truck driver’s conduct if the accident occurred while the driver was transporting supplies to a client’s construction site.
However, if the accident occurred while the driver was making an unauthorized trip without the employer’s knowledge, the employer would likely not be responsible for the driver’s conduct. In the latter scenario, the driver was not furthering the employer’s business or traveling within their assigned route. An experienced New Jersey personal injury attorney can help you make a strong argument that a negligent employee was acting within the scope of their employment during an accident on the road.
Have You Been Injured in a New Jersey Dump Truck Accident?
After a severe accident, an employer will often argue that their employee was not acting within the scope of employment. If successful, this can dramatically limit your ability to collect fair damages for what you’ve been through. If you or someone you love has been hurt in a New Jersey dump truck accident, contact the attorneys at Bathgate, Wegener & Wolf, P.C. for assistance. Employers may attempt to shield themselves from liability by distancing themselves from their employee’s negligent conduct. The skilled attorneys at our personal injury firm will fight to hold employers accountable for dump truck accidents that have led to severe injury. Our attorneys will gather evidence and develop a case theory to recover the compensation you need and deserve.
To schedule a free initial consultation, call our office at (732) 363-0666. We will not bill you for our services unless we recover money damages on your behalf.