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My husband was hit by a trash truck at a red light last week, his van was totalled and is having back pain. He’s also missed several days of work over this. The driver of the truck has been in several accidents and still works for them. Is there any basis for taking them to court?
Asked on April 12, 2009 under Accident Law, Vermont
N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Generally, in a negligence case, one of the relevant issues is the employer's negligence in hiring and supervising employees. This includes failing to do an adequate background check on the driver (prior accidents, driving record, criminal record, etc.) as well as supervising that driver's continued employment with the employer.
If, as you say, the driver has had prior accidents while working for the company, then you may have a negligence claim against the employer.
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