The family of a Maryland woman who was killed in a car accident due to another driver’s negligence was recently awarded $1.9 million.

The lawsuit, filed in May of 2017, claimed that the driver of a commercial garbage truck was incompetent to operate a motor vehicle at the time of the fatal mishap, which involved a total of seven vehicles. The lawsuit also named the driver’s employer, Bay Area Disposal.

This case illustrates how liability in a traffic accident involving a commercial vehicle is assigned not only to the driver, but also the company that owns and operates the vehicle in question.

Impaired Driving Was Involved

According to the lawsuit, the driver of the garbage truck, a 55-year-old man, had been hospitalized two months before the accident and diagnosed with severe depression. Upon his release, his physician reportedly prescribed Abilify, Zoloft, and Atarax, all of which include warnings to avoid operating a motor vehicle or any type of heavy equipment while taking the medications. He then allegedly returned to his employment duties with Bay Area Disposal.

The complaint stated that “at no time did Bay Area require any type of drug testing or testing of any type to confirm [the defendant’s] continued ability to operate trash trucks while taking the psychotropic medications.”

Plaintiffs further alleged that the defendant was taking his medication “in an inappropriate fashion contrary to the instruction of his health care providers.” Ironically, the defendant had been on his way to submit to a drug test when he supposedly caused the fatal car accident, due to having been involved in a similar accident a day earlier.

The police report stated that on June 15, 2016, the defendant slammed into a line of vehicles waiting for a traffic signal, killing the wife and mother of the plaintiffs and injuring two others. In November 2017, the defendant pleaded guilty to manslaughter, admitting to being unconscious when the fatal car accident occurred.

Employer Also Held Responsible

According to the plaintiffs’ counsel, the victim’s death was a direct result of Bay Area Disposal’s negligence. In a media interview, he pointed out that the company knew full well that their employee had been involved in the same type of accident only a day earlier. He also noted that the jury’s verdict was one of the largest in the history of Anne Arundel County, where the trial was conducted.

Vicarious Liability in a Car Accident Case

This legal principle is also known as “imputed liability,” and arises when another person (natural or corporate) has some control over the party responsible for an accident or a criminal act. It’s how an employer can be held responsible for its employee’s negligent acts. In the case of a car accident involving a commercial vehicle, imputed liability arises when the accident occurs while the driver is operating the vehicle in the course of his or her work duties.

If you or a family member have been injured or you have lost a loved one in an accident involving a commercial vehicle, you may have the right to sue the company as well as the driver for damages. An experienced car accident lawyer can advise you about your case.

This article is not legal advice or medical advice. It is presented
for informational purposes only.