Does anyone know who would be liable in these scenario?

Does anyone know who would be liable in these scenario?

A person is working while driving the employer'-s vehicle. This person has a minor accident (hits the back of a car) the person on the car claims that he was injured, but was not taken to the hospital. The person on the working vehicle was sited and was sent to take a drug test. This person tests positive to cocaine, but there were only traces from use from 30 days before. Now the injured man wats to sue for his injuries. Who is he suppose to sue and why?

mbrcatz

Ultimately, a judge or jury would determine liability, guided by state law.However. The person driving the car who rearended the other car, is 100% at fault for causing this accident. Slam-dunk.The injured man will probably sue both the owner of the vehicle, and the driver. It's quite likely that the employer's insurance would get them "off the hook" legally, as hey, they were only the OWNER, and didn't actually cause the accident.The coke-head should be expecting to pay up for this - although his employer's commercial auto policy, if they have one - would most likely respond on his behalf (unless there's wording in it excluding coverage with a positive drug test).

A

You did not mention in what state this occurred. Laws vary greatly from state to state, so if you want specific answers for your state, you have to indicate which state it is. It really does matter.Generally speaking, if a driver is a "permissive user," than the coverage that follows the vehicle will apply. But in addition, if the driver was an employee, than under the doctrine of "respondent superior," the employer is responsible for the driver's actions. But there are exceptions to this, such as if the driver was acting outside of the course and scope of his job duties. Sometimes certain criminal actions can alter this rule. Or if the driver was an independent contractor rather than an employee, that may change how the coverage works. When you say he was driving the employer's vehicle, we do not know if that means his bosses' personal vehicle covered under a personal auto policy, or a vehicle owned by the company and covered under a commercial auto policy. All these facts and details matter. Some states have a statute that says the owner is vicariously liable for the driver's actions. Some states do not have that type of statute.Who do they sue? Again, it may depend on the jurisdiction, but in most states they are likely to sue BOTH the owner and the driver. Whatever insurance is primary will apply first. In Wisconsin, you would also name the insurance company as a defendant.It is unlikely the drug test showing traces of cocaine is going to change anything. It is unlikely this would have caused any impairment to his driving.Usually the car that does the rear-ending is liable, but not always. There are exceptions.

bkroberts007

Who would be liable? You did not explain the details of how the accident occured but did say someone was hit in the rear. If a person is hit in the rear then it generally (not always) means he was not paying attention or following the car in front of him too close to stop in a safe manner. If you are not paying attention or floowing to close and cause someone harm you are responsible for the damage you cause. The driver of the car, company who insurers the car who drove in an unsafe manner is liable or responsible.The insjured man would sue the driver of the car and the insurance company who insures that car that struck him. If it is a law suit they may bring the employer into the suit as a defedant but that is a weak argument. The argument would be the employer should have workers who are not on drugs driving their cars. I agree in a perfect world there would be no drugs, crime, etc but the key is did the drugs cause the accident. It dont sound like it. The drugs sound like a nasty detail but no relavent to this accident. It may get him in trouble with his employer but does not change the liability of a car accident.Source(s):Claims Adjuster 10 years

Casey

Sue the owner and the driver. Driver will be covered under their employer's auto policy, since they were using an employer owned vehicle at the time of the accident.

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