By: Basch & Keegan
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Dump Truck and School Bus Collide, Leaving One Dead
A truck/bus collision in the Orange County town of Wallkill between a dump truck and a school bus has resulted in the death of the driver of the school bus. Raymond Lucca Sr., 69, of Walden, had just dropped off his bus load of students and was heading east along State Route 211. The dump truck driver, Cesar Leon-Sanchez, 21, was driving in the westbound lane and reportedly drifted into the eastbound lane, causing the head-on crash between the two vehicles. Lucca was pronounced dead at the scene of the crash. Leon-Sanchez was airlifted to Westchester Medical Center in serious condition. There are pending charges against Leon-Sanchez.
Employer Liability for Negligent Acts of Employees
Both drivers were driving vehicles that were likely owned by their employers when the crash occurred, and thus were likely carrying out their job duties when the crash occurred. An individual carrying out his or her job duties will be considered an “agent” of that employer. If an individual is doing things that are part of his job responsibilities, and which are authorized by his employer, with the ultimate goal of completing those responsibilities, then the employer can be held financially responsible for any injuries caused by that agent. In a wrongful death case against the dump truck driver, the bus driver’s family would need to show that the dump truck driver had already begun working for the day when the crash occurred, and was traveling between job sites. However, if the employer can show that an employee was carrying out personal business not authorized by the employer, such as running a personal errand that would take him away from his duties for an extended period of time, then the employer may be able to avoid being held responsible for harm the employee causes during that time. Additionally, if the employee had not yet begun his shift and was still traveling to the job site to begin his shift, the employer may not be responsible for any harm caused by the employee.
Negligent or reckless driving can result in devastating harm to you or a member of your family. If you or someone you love has been injured or killed as a result of another driver’s negligence, seek legal help to ensure your rights are protected. Contact the skilled car and truck accident attorneys at Basch & Keegan for a free evaluation of your personal injury case. Call (845) 338-8884 from anywhere in the Hudson Valley, including Kingston, Ulster, Poughkeepsie, and throughout Orange County.