Ifsomeone fell off my truck while it was moving, couldI be sued?

I was dropping him off and he didn’t tell me that he was getting in the back. I took off and he fell.

Asked on July 22, 2010 under Personal Injury, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Can you be sued? Yes--if someone is injured on your property or vehicle, it's not hard for them to make a good enough showing to at least bring a case and get into court.

Will you lose and have to pay--it depends on the circumstances. Fault comes from negligence, or carelessness, in cases like this, and the fault of both parties will be considered. The other person may have been negligent for hoping off the back without telling you, and that would count in your favor. On the other hand, you have been negligent in starting moving without checking on your passenger. It all depends on the precise circumstances.

First, report this matter to your insurer--often, if you do not report potential claims to insurers right away, you lose the protection of your insurance. If you are then sued, the insurer should most likely either settle the case or provide a lawyer to defend you.

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