Were You Injured In An Accident With A Walton EMC Utility Truck?
If so, you may be wondering if Walton EMC can be held liable.
Yes, if the Walton EMC truck driver was driving while on the job, Walton EMC can be held liable for its truck driver's negligence. This concept in the law is referred to as respondent superior.
In Georgia, an employer is liable for accidents caused by its employee's negligent driving.
For respondent superior to apply, the negligence must occur while the employee was within the “course and scope” of his/her employment. Course and scope of employment means the employee was working or somehow serving the interests of his/her employer.
Respondeat superior does not apply to when the employee is purely on a personal errand which in no way involves his/her job or provides any benefit to his/her employer.
For example, if the Walton EMC utility truck driver took the truck to go to the grocery store to buy groceries for himself, he would not be in the course of his employment while driving to the grocery store.
How Long Do I Have To Sue?
Generally, you have two years from the date of the accident to sue in Georgia.
What Damages Can I Receive?
There are three types of damages you may be entitled to as a result of your car accident: property damages, special damages, and general damages. Please see below a breakdown for each type of damages.
If your car or any of your belongings in the car at the time of the accident were damaged due to the accident, you have a claim for property damage. There are a couple of ways to handle a property damage claim.
One way is to request your own insurance to cover the property damage claim, as this type of damage is usually covered under your own policy. Your own insurance can then later go after the at-fault driver's insurance to recoup what they paid.
Another way to handle a property damage claim is to send a demand letter to the at-fault driver's insurance company requesting all repairs to your car be covered.
Insurance companies generally do not fight property damage claims as hard as they do bodily injury claims, so you may be able to recover for your property damage through the at-fault driver's insurance.
Before you submit any claims, make sure you have proper documentation for all property that was damaged.
Special damages are those that can be easily calculated, such as medical bills and lost wages. If you are a car accident victim and have medical bills from the accident and had to miss work and a paycheck because of your injuries, you have a claim for your medical bills and lost wages.
Make sure to document all of your missed days from work, your medical bills, and the paychecks you missed because of your injuries.
General damages are different from special damages in that they cannot be easily calculated like medical bills and lost wages. General damages are damages such as pain and suffering.
Accident victims are entitled to both physical pain and suffering and mental pain and suffering. If you are a car accident victim and have suffered both physically and mentally due to the accident, you have a claim for pain and suffering.
Contact Bartlett Benton
If you were injured in an accident with a Walton EMC utility truck and would like a free case evaluation, please call Bartlett at 770-365-6414.