Can you sue the employer if the employee’s negligence was the cause of your injures? Like many legal questions, the answer is – it depends. If you face such a situation, and are not certain about whom to sue, you need to get in touch with a personal injury attorney practicing in your state.
Georgia laws do adhere to the theory of the ‘respondeat superior’, i.e. the employer is liable for the doings of the employee. Therefore, you may choose to sue the owner or the driver of the vehicle if the circumstances establish liability of both parties. For example, if the driver was reckless because he had to meet a deadline set by his employer.
The comparative negligence ruling makes it possible to recover damages from both according to the degree of their fault. However, it is not quite easy to prove the liability of the employer in such accidents. Many a times, the employer gets away with a defense that the driver was the only negligent party in the case.
You need to find a competent Atlanta personal injury attorney for the task of ascertaining as well as establishing liability. Without legal knowledge and experience, it would be difficult for you to do this on your own. With the help of a good attorney, it becomes possible to represent yourself, whether it is at negotiations or trial.