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Georgia Law – Respondeat Superior: I was hit by a commercial van making a delivery. Can we sue the company the driver worked for?

Published February 6, 2018 by Bruce Millar

Georgia allows you to bring a claim through the doctrine of respondeat superior, also known as vicarious liability.  These rules mean that a driver’s employer may be responsible for the injuries if the driver was operating the company (or even a personal) truck or car or other motor vehicle within their duties of employment – known as the scope of employment.  Potentially a company might also have responsibility or liability for what is called negligent hiring or negligent retention if it were proven that company hired an unqualified driver, or knew he or she had a tendency to drive recklessly or negligently. In some instance, a company might have also contributed to the wreck by unsafe practices like unrealistic delivery schedules (encouraging speeding and reckless driving) or failure to properly maintain a company vehicle.

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