What is a company’s liability if one of its trucks ran me off the road as I was jogging and I was injured?
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What is a company’s liability if one of its trucks ran me off the road as I was jogging and I was injured?
I was jogging in NV and a truck pulled onto the road from a roadside quarry. It failed to yield for me even though I was the only thing on the road. Subsequently, I ran onto the shoulder to get out of the way. The shoulder of the road was rocky and I twisted my knee and tore my miniscus. Now I need surgery. Do I have any recourse against the company the truck was working for? This happened about 6 weeks ago. I tried to rest the knee to heal but I will need surgery.
Asked on May 23, 2011 under Personal Injury, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If injured due to the negligence of a driver, you may, of course, sue that driver personally. In addition to that, if he or she was driving in the course of his or her employment (e.g. a company truck, as part of the job), then you may sue the company, too, if you like, under the theory of respondeat superior (basically, the superior, or boss, is responsible). You don't have to sue one or the other--you may, and probably should, sue both, to maximize your chance of recovery. You'll need to be able to show negligence, or unreasonable carelessness; you may also need to be able to show (if the other side raises the issue) that you yourself were not negligent or careless, since your own negligence could undercut your recovery. It would be worthwhile for you to consult with a personal injury attorney.
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