By: Matthew Tievsky
When a driver negligently injures you, of course you have the option to
sue the driver. But you also have the option to sue the driver's employer,
if the driver was on the job at the time of the collision. In that case,
Maryland holds that the employer shares the driver's responsibility,
under a doctrine called respondeat superior – an employer is responsible
for acts committed by an employee, working for the employer's business.
But in addition to that, you can potentially allege that the employer is
at fault for a different reason: If the employer was negligent in hiring
the driver, such that the employer should have known that the driver was
likely to cause an auto accident. This is harder to prove than respondeat
superior, but there are substantial benefits. It is harder to prove because
you need to show that the driver had something in his past, which the
employer knew (or should have known), that tipped the employer off that
there was a danger in putting the driver on the road (for example, a history
of causing auto accidents). If you have the evidence to support such a
claim, then at trial you have the option to show the jury that the driver
had a poor driving history in the past. This may have the effect of encouraging
the jury to hold the driver and the employer fully accountable for the
damages they have caused you.
If you have any questions about holding accountable a business or a government
that employed the driver who hurt you, then you should contact the personal
injury attorneys at Chaikin, Sherman, Cammarata & Siegel, P.C.