FREE CONSULTATIONS 856.983.8695

Liable Parties in a NJ Truck Accident – At-Fault Drivers and Their Employers (Part 1)

Philip Ciprietti, NJ Car & Truck Accident Lawyer

Philip Ciprietti offers clients a genuine interest in their well-being and success and places clients’ interests first in all matters. Since 1982, Mr. Ciprietti has been certified by the NJ Supreme Court as a Certified Civil Trial Attorney.

Review: "His commitment and his willingness to go the extra mile, to fight hard for you make Phil an outstanding attorney. He is the one you want on your side." Read more testimonials.

Many trucks, box trucks and tractor trailers travel on New Jersey highways such as I-295, the NJ Turnpike and the Garden State Expressway. Inevitably, truck-car or tractor trailer-car accidents happen, and NJ drivers and passengers are injured. If the truck or tractor trailer drivers cause the accidents, they may be sued by the injured car-truck accident victims.

Most truck and tractor trailer drivers are working when the motor vehicle accidents happen. They may be making deliveries or shipments to various destinations. Therefore, the drivers’ employers may also be liable for the motor vehicle accidents, in addition to the drivers. This article will discuss the liability of employers when their employees, such as delivery truck drivers, cause NJ motor vehicle accidents.

Related: Common Injuries & Medical Treatments After NJ Car, Truck or Bus Accidents – By a Cherry Hill & Marlton Car Accident Lawyer

The Doctrine of Respondeat Superior in NJ

In general, the driver who caused a NJ car accident will be held accountable for the car accident in a civil lawsuit. The doctrine of respondeat superior recognizes the vicarious liability principle, where a master/employer will be held liable in certain cases for wrongful acts of his servants/employees. Therefore, if a truck driver was making a delivery for his employer when he caused the accident, his employer may also be liable for the accident.

“Under respondeat superior, an employer can be found liable for the negligence of an employee causing injuries to third parties, if, at the time of the occurrence, the employee was acting within the scope of his or her employment.” See Lehmann v. Toys ‘R’ Us, Inc., 132 N.J. 587, 619 (1993).

In order to prove that an employer was responsible for his employee’s negligent acts which led to an accident/injury, the injured party must establish the following:

1. that a master-servant relationship existed, and
2. that the tortious (negligent) act of the employee occurred within the scope of that employment.

The question then becomes whether an act is within the scope of employment. In general, an employee’s action is within the scope of employment if it is the kind of action that the employee is hired and authorized to carry out within the authorized time. In addition, the action advances the employer’s business.

Click here to read part 2, which discusses a hypothetical tractor-trailer/car accident in NJ and the liability of the driver’s employer.

If you were injured in a truck accident in NJ and would like a FREE case evaluation, call Philip T. Ciprietti at 800.281.8695.

DISCLAIMER: This website does not create any attorney-client relationship or provide legal advice.  Read full disclaimer at the bottom of this page.

Car Accident Law Articles

Rear End Car Accidents on New Jersey Roads & Highways – Secondary Impacts

Rear end car accident cases are quite common in New Jersey. Much of New Jersey's roadways, such as I-90, operate much like highways. Speed limits are often 45 miles per hour, and heavy traffic may occur at all times of the day. In addition, NJ highways such as the...

How to Win a New Jersey Car Accident Lawsuit (Part 2)

In order to win a NJ car or truck accident lawsuit filed in Cherry Hill, Marlton or Camden, South New Jersey or in northern parts of New Jersey, injured parties must prove certain elements as discussed in part 1 of this article.  Part 1 of the article also discussed...

NJ Highway Truck Accident Injury Lawsuits – The Basics

Highway Truck Accidents in New Jersey Highway truck accidents often result in major, catastrophic injuries. Deaths are also common. This is due to two factors: 1. the relative size of trucks compared to passenger cars and SUVs, and 2. Speeds on highways which often...

Should NJ Car Accident Victims Give a Statement to the Other Driver’s Car Insurance Company?

After a car accident in New Jersey, the parties involved typically exchange car insurance and contact information.  The parties should then call their car insurance companies to report the accident. Details of the accident and injuries sustained, if any, are reported...

NJ Car Accident Law: Even with Medical Benefits Coverage, Injured Drivers Still Have to Pay Out of Pocket Medical Expenses

NJ car accident and insurance laws can be quite confusing. There are 2 things that many NJ drivers are mistaken about with regard to their medical benefits (PIP) coverage and expenses which will be addressed in this article: 1. Who pays for the medical bills after a...

FREE CONSULTATIONS

    Spam:  

    *No attorney-client relationship is created by use of this email form. Do not email confidential or time-sensitive information. Call the firm for immediate assistance.

    OUR OFFICE

    79 S. Maple Avenue
    Marlton, NJ 08053
    Phone: 856.983.8695
    Fax: 856.983.0015
    Toll Free: 800.281.8695

    Google Map/Directions