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A delivery driver hit our car. Can we sue the driver’s company?

Published February 12, 2018 by Bruce Millar

If you are hit by an employee of a business or company, for example — a delivery driver, the at-fault driver’s employer can liable under Georgia’s law of respondeat superior, also known as vicarious liability, if the driver was the job, that is, operating in the scope of his employment.

A business or company might also be responsible for something called negligent hiring or negligent retention.  This can be the case if the business hired a driver who was not qualified or had a poor driving record before he or she was hired or previously while driving for the company.

Any time you are hit by a commercial driver or vehicle, it is important to investigate to determine if the company may have contributed to the negligence by making the driver have short or an unreasonable schedule or delivery deadlines, making the driver speed or engage in other reckless driving behavior in order to be “on time.”

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