Who's liable here?

Question

I'm a trucker. Last week I was making a delivery in Vegas, and the warehouse was one you had to back into from the street. After I parked my truck in the center turn lane, and went inside to take them my paperwork, a woman who works at the warehouse, and another trucker said they would help to stop traffic on the street out front while I backed in. Just as I got positioned to back in, I saw the trucker give me the okay from my passenger's side mirror. Then I looked out my window to the woman, on driver's side. Just as I did, I saw a car that was going about 50 MPH (in a 45 zone) lock up his brakes and hit the woman , knocking her into the air and about 30 feet away she landed. Thank God she suffered only moderate injuries, and is expected to make a full recovery. But after she was taken to the hospital, the police did a huge investigation of the accident scene. Telling me I share in the liability because she was out in the street helping me to get backed into the dock. Is this true?

Answer 1

The driver speeding (Negligence per se).

You should not be liable to the accident victim under an agency principle of law (that generally works the other way when an agent injures a third party).

It's possible that you could be liable under agency law to the speeding driver, but unlikely under the facts given. You could also be liable to the speeding driver under some type of negligence theory and negligence per se theory, if you violated any type of statute, ordinance or safety regulation.

You should have a good defense against any claim by the injured lady on the grounds of assumption of the risk.

Don't people drive crazy in Vegas.

Good luck.

Answer 2

From a criminal law standpoint, I don't see how your actions in regards to this woman would violate the law.

From the civil (lawsuit) perspective, I could make a case that she was your agent (helper) and as such you are responsible for her actions when you knowingly let her stand in the street. This is offset by the fact that the driver was breaking the law (if you can prove he was speeding). Of course this only becomes an issue if the woman chooses to sue you. A suit by the driver wouldn't get past the first hearing. It would be a tough case to win and not one that would attract many lawyers.

Answer 3

I don't see how you could be held responsible, you were only doing youre job. After all they were the ones that offered to help you. I think that the woman that hit her would be more responsible than you. But most states are out to get the truckers. I know I am a truckers wife. So good luck to you Hun and I hope that everything goes well for you.

Answer 4

The lady was in the street of her own chosing, an accident is a terriable thing, the fact is that if this business has these kinds of deliveries often, they should have a more set procedure for safely aiding a driver to back his load in. Either way, the fault lies in the driver who was obviously not paying attention to the road and hit the woman.

I am sorry to hear about her injuries, I hope she is doing ok, and makes a full recovery.

Answer 5

No I don't see why it should be your fault. She offered to help you, you didn't ask her to and what happend was an accident that you didn't cause so why should you be liable,The other driver was over the limit so he should be charged he wasn't looking where he was going and was speeding even though it was your truck you didn't cause the accident. Keep us posted and let us know what happens. Good luck mate.

Answer 6

There is a certain amount of safety that is considered personal responsibility.
That is to say we are responsible for a resonable amount of our own safety.
I think this probably falls under that...she was not required to be there.

Answer 7

Not in a million years. At least, not in any reasonable jurisdiction.

Answer 8

Not if I was on the jury.