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Employer Responsible For Van Driver’s Negligence: True Story

Oresky & Associates, pllc. recently represented a pedestrian that was struck by a van. The employer claimed that he was not responsible because the person driving the van at the time of the accident was not the designated driver.

Make the right call, (718) 993-9999, and speak with an experienced accident lawyer or contact our office online to schedule a free consultation.

Courier man driving car delivering postal packageA company van and two employees were on their way to a job site. Along the way, the employee who was driving the van wanted to stop for a soda. He got out of the van, leaving it on and parked. While he was gone, the helper noticed a man loading packages into the trunk of his parked car, directly in front of the van. The helper got behind the wheel of the van, and tried to back up to give this man more room. Instead of backing up, he hit the gas pedal, and drove forward into this man.

The pedestrian, who had his back to the van, never saw the accident coming. He was hit from behind, thrown forward into the trunk of the car, and his legs were pinned between his own car and the van until the van backed up. The man’s leg was broken badly requiring multiple operations. After the accident, the injured man called Oresky & Associates, pllc. for help.

Oresky & Associates, pllc. brought a negligence lawsuit against both the driver of the van and his employer. The owner, employer, of the van denied responsibility claiming that the van operator was not the designated driver. Oresky & Associates, pllc. in representing the injured pedestrian, made a motion for summary judgment which is a request to the court, to hold the van owner and operator 100% responsible for this car crash. The Court agreed with the Oresky firm and held the owner and operator of the van 100% responsible for the accident. By winning the motion, a trial to determine who was at fault was not necessary.

At Oresky & Associates, pllc., we work hard to fight for the rights of our clients and their families. We dedicate our resources to helping you obtain justice under the law, and to maximizing your recovery. If you have been injured in an automobile accident, call us at (718) 993-9999, and find out how we can help you today.

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