Ifsomeone fell off my truck while it was moving, couldI be sued?

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Ifsomeone fell off my truck while it was moving, couldI be sued?

I was dropping him off and he didn’t tell me that he was getting in the back. I took off and he fell.

Asked on July 22, 2010 under Personal Injury, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Can you be sued? Yes--if someone is injured on your property or vehicle, it's not hard for them to make a good enough showing to at least bring a case and get into court.

Will you lose and have to pay--it depends on the circumstances. Fault comes from negligence, or carelessness, in cases like this, and the fault of both parties will be considered. The other person may have been negligent for hoping off the back without telling you, and that would count in your favor. On the other hand, you have been negligent in starting moving without checking on your passenger. It all depends on the precise circumstances.

First, report this matter to your insurer--often, if you do not report potential claims to insurers right away, you lose the protection of your insurance. If you are then sued, the insurer should most likely either settle the case or provide a lawyer to defend you.


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.

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