My motor vehicle collided with a truck that was operated by a delivery person. May I file a lawsuit against the employer, the driver or both?

You may be able to file a lawsuit against the employer under the doctrine of respondeat superior, which is based on vicarious liability, or the liability of one party for the acts of another. Under that doctrine, the employer is liable for the negligent acts of its employees if the employee was acting within the scope of his or her employment. However, if the delivery person is an independent contractor, and not an employee, then the employer is not liable for the contractor’s conduct. You may also be able to file a lawsuit against the delivery person for negligence.