Two teens were injured when a city truck hit them as they were sunbathing at Atlantic Beach Saturday, May 7.
According to reports, a city park ranger was emptying garbage cans along the beach near the Oceanwalk beach entrance at approximately 9:45 a.m. He failed to notice two girls lying in the sand and hit them with the vehicle. One of the girls was stuck underneath the vehicle, but the tires did not run over either one.
Fortunately, the injuries they suffered were relatively minor. They were taken to Wolfson Children’s Hospital to be treated and were expected to recover quickly. Police issued a citation to the park ranger after the accident.
Responsibility lies with municipality
If the victims’ family members wished to seek compensation, they would likely need to file a claim with the city of Jacksonville, which is in charge of trash collection at the beach. Although the municipality did not directly cause the accident, the concept of “vicarious liability” would apply to the case. This means the actions of the driver are, in essence, the same as the actions of the employer, as long as those actions occurred within the scope of his employment. That appears to have been the case in this incident.
Exceptions to vicarious liability would occur if a company driver was intoxicated, was not on the clock for the employer or was acting with intent and malice.
If you need more information and guidance on filing a personal injury claim against a city agency or government entity, speak with the knowledgeable Jacksonville accident lawyers at Combs Greene, PA.
Attorney Mark Link contributed to this blog post.