I was stopped at a traffic light and rear-ended by a pizza delivery man who was on the clock making a delivery, is his employer responsible for his drving accident?

Get Legal Help Today

 Secured with SHA-256 Encryption

I was stopped at a traffic light and rear-ended by a pizza delivery man who was on the clock making a delivery, is his employer responsible for his drving accident?

I was stopped at a traffic light and I was rear-ended by a pizza delivery kid. He never hit his brakes before he hit me which makes me think that he was texting.

Asked on June 16, 2017 under Accident Law, North Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The employer is liable for the negligence of an employee which occurred during the course and scope of employment. You should file your property damage claim (cost of repairs to your vehicle) with the employer's insurance company.  If the claim is denied or if the settlement offers are unacceptable, file a lawsuit for negligence against the employer and also name the driver as a defendant in your lawsuit.  Depending on the amount of property damage to your vehicle, you may be able to file your lawsuit in small claims court.  If you prevail in the case, you can also be compensated for court costs such as the court filing fee and process server fee.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption