Three people were injured last January when a fire engine slammed into a North Texas Dairy Queen. Officials said the truck it left the road for an unknown reason, crashed into an outdoor patio and through a portion of the restaurant, collapsing part of the front wall before coming to a stop on the other side of the restaurant. The truck driver, a restaurant employee working the drive-thru window, and a customer in the drive-thru line suffered non-life threatening injuries. The truck was not being driven by a firefighter at the time of the crash and was not headed to an emergency call. It had just been serviced by Siddons-Martin Emergency Group and the company was returning the vehicle to the fire station when the crash occurred.
An attorney for the injured DQ customer recently filed a personal injury lawsuit claiming negligence against Siddons-Martin Emergency Group and their employee. According to court documents, the driver allegedly lost control of the fire engine, crossed a grassy median, ran into a guard rail, crossed oncoming lanes, struck an exit sign, hit an embankment and went airborne before crashing into the restaurant and two cars sitting in the drive-through lane. The plaintiff was the driver in the first vehicle and was injured from the impact and bricks flying through the drivers-side window. The lawsuit alleges that the truck driver was traveling at an excessive rate of speed, failed to apply his brakes in a timely manner and was under the influence of a foreign substance. The lawsuit also claims negligence on the part of Siddons-Martin stating that the company had a duty to adequately train and supervise its employees, but failed to do so. The plaintiff is seeking unspecified damages.
Some may wonder why the plaintiff is able to sue Siddons-Martin; why is the company responsible for the driver’s negligence? The answer lies in a legal concept vicarious liability) that holds an employer responsible for the harm caused by its employee, as long as the employee was acting within the scope of his/her employment at the time of the accident. Some state laws require employers to indemnify employees for civil damages, verdicts or judgments assessed against an employee. Even a casual personal call while on company business may result in employer liability.
Determining what constitutes an act committed “within the scope of employment” can be a difficult task. One way to minimize any financial impact is with a lawsuit cash advance, known as lawsuit funding. Lawsuit funding is a financial tool that gives plaintiffs the staying power to wait for a fair settlement. It may be the only financial lifeline to paying medical expenses and other important bills, especially if unable to return to work. This no-risk cash advance is based solely on the merits of the case; credit history and employment do not matter. Best of all, because it is a non-recourse cash advance, we are only repaid once the case settles. No repayment is required if our client loses the case. If the case is approved for funding, the cash advance can be sent via direct deposit or wire transfer within 24 – 48 hours.
If you or a family member have been directly affected by an auto accident due to the negligence of someone else and struggling financially during a pending lawsuit, call Lawsuit Financial or complete an online application for a free case funding evaluation.