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If the driver who hit me was working at the time, can I sue the company?

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at Mike Agruss Law.
  • Over 20 years of experience in Personal Injury.
  • Over 8000+ consumer rights cases settled.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

 

It depends on the circumstances of your case, but if you were hit by a driver who was working at the time, their company may be found liable. According to the doctrine of Respondeat Superior, an employer is responsible for the actions of their employees when these actions occur within the scope of their employment.

For these actions to be considered within the scope of employment, the following criteria must be met:

  • The conduct must be the type the employee is employed to perform;
  • The actions must occur within the authorized time and space limits of the employment;
  • The actions must occur when an employee was at least in part serving an employer and was not serving their own personal needs.

Examples of this include making deliveries, picking up supplies, or traveling from one job site to another. Unless the accident occurred outside of the scope of employment, the employer would most likely be found liable.

If the driver was not “on the clock”, was running personal errands, or the company vehicle had been stolen, the employer would likely not be found liable and instead, your claim would be against the driver. Each case will be unique, however, and determining if your case would qualify for Respondeat Superior is best determined by a qualified personal injury lawyer.

At Mike Agruss Law, we represent clients in Illinois who have suffered personal injuries from a bicycle accident, as well as family members who have lost a loved one in a road accident caused by the negligent or reckless conduct of another person. We know that when a bicycle collides with a vehicle weighing at least 2,000 pounds, the odds are not in the cyclist’s favor and the results can be tragic.

It’s important to consult with an experienced Chicago bicycle accident attorney as soon as possible to protect your rights and determine if you have a valid personal injury claim or wrongful death claim against a reckless or negligent driver. If you were injured in a bicycle accident, contact Mike Agruss Law, for a free consultation.

We see you as a person, not just a client – and that makes us better at what we do. We listen. We learn your story. And, as we help you get the money you deserve, we go above and beyond in a way most law firms never could and never would. Because we’re not just lawyers. And you’re not just a client. We’re friends, neighbors, family. We’re all people and here at Mike Agruss Law, we put People, First.

Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 900 outstanding client reviews on our website, an A+ BBB rating, and over 120 five-star reviews on Google. Call 888-572-0176, e-mail us at [email protected] or schedule a meeting with us here. We’re here 24/7. 

 

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