Yes, if the person responsible for the accident acted within the scope of their employment at the time of the accident.
Under the doctrine of respondeat superior, an employer can be held liable for the wrongful acts of his or her employee if the employee commits those wrongful acts within the scope of his or her employment. Writing on the doctrine of respondeat superior, the Virginia Supreme Court has said:
Under the doctrine of respondeat superior, an employer is liable for the tortious act of his employee if the employee was performing his employer’s business and acting within the scope of his employment. McNeill v. Spindler, 191 Va. 685, 694, 62 S.E.2d 13, 17 (1950).
Generally, an act is within the scope of the employment if (1) it was expressly or impliedly directed by the employer, or is naturally incident to the business, and (2) it was performed, although mistakenly or ill-advisedly, with the intent to further the employer’s interest, or from some impulse or emotion that was the natural consequence of an attempt to do the employer’s business, “and did not arise wholly from some external, independent, and personal motive on the part of the [employee] to do the act upon his own account.” Broaddus v. Standard Drug Co., 211 Va. 645, 653, 179 S.E.2d 497, 503- 04 (1971); Cary v. Hotel Rueger, Inc., 195 Va. 980, 984, 81 S.E.2d 421, 423 (1954); Tri-State Coach Corp. v. Walsh, 188 Va. 299, 307, 49 S.E.2d 363, 367 (1948); Davis v. Merrill, 133 Va. 69, 77, 112 S.E. 628, 630-31 (1922).
A person injured in a car accident that was caused by the negligence of the driver of a delivery truck
By way of example, a person injured in a car accident that was caused by the negligence of the driver of a delivery truck could bring a personal injury claim against both the delivery truck driver and the employer of the delivery truck driver if the driver was acting within the scope of their employment at the time of the accident.
If the hypothetical delivery truck driver were on their way to deliver goods for the employer at the time of the accident, the truck driver would be considered within the scope of their employment.
The driver would be liable for any injuries sustained by injured persons while the delivery truck driver was operating the truck.
Questions regarding the doctrine of respondeat superior are specific to the facts of the individual personal injury case, and we encourage you to contact our personal injury lawyers in Virginia Beach.
We can assess whether the person responsible for the accident acted within their employment scope.
As in all personal injury cases, an experienced personal injury lawyer can also advise the injured person on the value of the claim, guide the injured person through the process of filing a claim with the applicable insurance company or companies, and represent the injured person in the litigation of the claim if a lawsuit becomes necessary.
Schedule a Consultation With Preston, Wilson & Crandley, PLC
At Preston, Wilson & Crandley, PLC, we are here to help navigate the complexities of post-accident procedures and legal matters. Our experienced team ensures you receive the support and compensation you deserve.
Our attorneys handle injury claims ranging from bicycle accidents, pedestrian accidents, motorcycle accidents, truck accidents, and car accidents to drunk driving accidents and wrongful death claims.
Give us a call and let our experience work for you. We have been helping the people of Virginia since 1955 and are ready to help you. Schedule a consultation to discuss your case.
If you need a Personal Injury Attorney in Virginia Beach, contact us at (757) 486-2700.
Follow us on Facebook.