QUESTION
Can more than one person be sued on an accident?
Asked on Sep 22nd, 2012 on Personal Injury - Florida
More details to this question:
I was riding in a truck with my father that was owned by McCormick trucking that was contracted out through US mail. My dad fell asleep. He hit a block wall. I hit the window and my dad grabbed my foot to keep me from going all the way out. I am just wondering if US mail could have been sued. I have been told that I have one year after my 18th birthday to do anything about this. I am 17. I had head injury that left scares and no money to fix them. Now, I would like to have that done. Thank you. Any help is better than what I have now.
10 ANSWERS
Personal Injury Attorney serving West Jordan, UT
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Kramer Law Group
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In Utah, you have 4 years after you turn 18 to make a claim. It's different if the crash happened in another state.There is not point, however, in waiting that long. From what you're telling me, the claim needs to be made against your McCormick's insurance company, since they were the company that employed your dad at the time of the wreck. Companies are generally responsible for the actions of their employees. US Mail, I think, it too far removed to get involved and there is potentially no claim there. You don't really need them anyway, if you can make your claim stick against McCormick.
Answered on Sep 26th, 2012 at 1:58 PM
Ronald A. Steinberg
You probably can only sue your dad. If you live with him, probably not, though.
Answered on Sep 26th, 2012 at 1:58 PM
From what you have disclosed, there was no negligence on the part of McCormick trucking. The accident was the result of your father falling asleep and hitting the block wall. If your Dad was covered by insurance, you need to make a claim against his insurance policy. Usually when you contract to rent a truck, they insist that the person renting the truck was insured. If he was in the course and scope of employment, he might also have coverage through his employment. But it sounds like at least you need to make a claim under his insurance policy.
Answered on Sep 26th, 2012 at 1:56 PM
Anyone can sue any other person or entity at any time for anything. yes, you can sue McCormick. whether you will prevail just depends on the facts of the case. You would have to show that McCormick was somehow responsible in causing your injuries, along with your dad. The fact that your father fell asleep at the wheel of the truck will pin most of the fault on him. Whether or not McCormick's is also somehow responsible will just depend on what you are able to prove. The more fact that you were injured in a McCormick's truck does not mean they did anything wrong.
Answered on Sep 25th, 2012 at 12:07 PM
Personal Injury Attorney serving Portland, OR
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Kaplan Law, LLC
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Yes more than one person can be sued. But if you settled with one party it makes it hard to point the finger at the other party.
Answered on Sep 25th, 2012 at 11:07 AM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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There is a procedure under the Federal Tort Claims Act to file such a claim and a lawsuit against the US Postal Service but it is too detailed and complicated to discuss here.
Answered on Sep 25th, 2012 at 11:04 AM
Thomas Edward Gates
Your dad would be the one to sue. He was the one at fault when he fell asleep and had the accident.
Answered on Sep 25th, 2012 at 10:39 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You have three years from reaching majority to file suit. I assume you would need to sue your dad, maybe McCormick and maybe the postal service, depending on the exact legal relationships of the owners and operators.
Answered on Sep 25th, 2012 at 10:19 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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There are several legal issues which you present, but if you are going to bring a claim against the postal service, you must make a claim under the Federal Tort Claims Act. Go see an attorney immediately, but inquire on the phone first whether the attorney has any experience making claims under the Federal Tort Claims Act.
Answered on Sep 25th, 2012 at 10:16 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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If your Dad was employed by the U.S. Postal Service, the U.S. Postal service could be held responsible for your injuries as well as your father. Also, if McCormick Trucking or the U.S. Postal Service had liability insurance on the truck, that insurance would cover any damages up to the policy limits regardless of who is liable. If your case has not been settled, you should contact an attorney.
Answered on Sep 25th, 2012 at 10:16 AM