If you have been involved in a car accident where a mail driver was the other party, you may be unsure of how to proceed.
Obviously, the driver is the reason the accident occurred, but he or she was acting under the direction of the employer. So who do you sue: the employee or the employer?
We have asked attorney Alaina Sullivan about what you should do. Here is what she had to say.
Doctrine of Respondeat Superior
Under the doctrine of respondeat superior, a company is responsible for the actions of their employees. The phrase “respondeat superior” literally means in Latin “let the superior make answer.”
Therefore, if the employee commits a wrongdoing, such as causing a car accident, the employer would be responsible for the damages caused by these actions as if the company had committed the wrongdoing itself.
Employee or Independent Contractor?
Most postal service employees are actual “employees” under the company, but one consideration that is made in any commercial trucking litigation is whether the person was an actual employee or independent contractor.
An independent contractor:
- Provides the truck
- Provides gas
- Provides liability insurance
- Receives no employee benefits
If the driver was an independent contractor, then you would pursue legal action against the independent contractor and the doctrine of respondeat superior would not apply.
However, given that mail employees drive mail vehicles, you would still likely pursue damages from the employer itself.
Suing the Employer
However, it should not automatically be assumed that you will sue the postal service as the employer. You must demonstrate that the truck driver was a hired employee, which can be easy to prove, but you must also show that he or she was completely acting within the reasonable scope of his or her employment.
This scope would obviously include delivering mail or packages. If the employee is taking the truck on a joyride for burgers, the employer may be able to successfully avoid liability.
Suing the Employee and Employer
Another option is to sue both the employer and the employee. It is not a one or the other type of decision. Even if the company is found to not be the liable party, you may still be able to pursue damages from the individual driver.
Similarly, if the company is found to be partly liable, you may be able to pursue damages from the individual on top of what you already are receiving from the company, depending on the circumstances surrounding the crash.
A good personal injury attorney should be able to advise you on whether this is a good option for you and if you have the potential to seek compensation from both parties involved.
Evidence needed to Take Legal Action
To have a successful claim against such a large organization, you will need to provide plenty of evidence. Luckily, there is plenty available. Most large logistics companies will have a device on the truck that tracks the speed that the truck was traveling at the time of the accident. It will also give a good idea of what kind of shape the mechanical systems of the truck were in. If the breaks were wearing down and the company knew that, their level of fault can increase.
However, if all of the systems were in good condition and the driver was violating traffic law by speeding at the time of the accident, it is possible that blame falls on the driver. Your attorney will be able to help you gather all of the evidence and determine how much you should ask for.
How to Sue
It is not easy to sue a large company because they employ a team of lawyers and insurance adjusters to ensure that settlements are small. To begin the process, you will have to make your claim in writing. Your lawyer will help you draft what is called a demand letter. In the demand letter, you are able to spell out everything that happened with the accident, why they are liable for the damage and the exact monetary cost of the damage. Here, you are also able to include photos and videos of the accident as well as any additional evidence that you may have gathered.
Contact an Attorney Today
If you have been involved in a car accident with a mail vehicle and are unsure of how to proceed, it is always recommended you contact an attorney ASAP to discuss your case if you do not currently have a lawyer, or if you have any questions.
A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company.
To receive the compensation you need for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today before the statute of limitations runs out.
*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against FedEx, or any other party, you may not be entitled to any compensation.
