Can we sue the driver and company and is there a way the company can get out of it?

Question

A lady is driving a company car on the weekend and made a left in front of a motorcycle causing a wreck. She was charged 100% at fault. The driver of the bike sustained a broken femur, scapula, and broken back which left him with paralysis from waste down.

Jules D'Alessandro · Answer

If the accident happened in the state of Rhode Island then yes.  In RI both the driver and the owner are liable for an accident.  A case of this magnitude will require legal counsel.

Brian Franciskato · Answer

You have claims against the driver and also the company.  If you prove the driver was doing a job for the company at the time of the accident, the company is liable for ALL your damages under a legal doctrine called respondent superior.

Gregory Shurman · Answer

Yes, you should be able to sue the individual and her employer.  You really need to speak with an attorney immediately.

John Brennan · Answer

The driver and the party owning the car (company) are potentially liable.

Wayne Wimer · Answer

If the driver had permission from the company to drive the vehicle, then the company insurance should cover your claim.  If the driver was on company business when the accident happened, the company can certainly be sued, and their insurance should cover your claims.

Briny Woods · Answer

The driver and his company are responsible.

Brian Goldman · Answer

You can absolutely sue both the driver and the company

Lawrence Kahn · Answer

Assuming the driver was on company business at the time, you can make a claim against both the driver and the company.

Christopher Caldwell · Answer

The motorcycle rider can make a claim for his injuries.  Typically, you can look to recover from both the driver of the company car and the company itself.  Generally, there are two theories to recover from the company.  The first is a consent theory allowing a claim against the company if it consented to the operation of their car by the lady.  The second is a respondeat superior, or agency theory, allowing a claim against the company if the lady was an employee or agent of the company at the time of the accident and operating the car in that capacity.

Burton Padove · Answer

I am sorry to hear about the injuries.  HIRE counsel now!   Early investigation is very important.  Yes, you can and should sue both. Hopefully, the company was on notice that she was a poor driver, or she was acting on the company's behalf at the time of the accident.  If so, the company will have liability.  Fortunately, regardless, the insurer is likely to be the company' , will cover the driver and will have commercial policy limits.

Dustin Deissner · Answer

That sounds like a serious and solid case and the company would have a  hard time getting out of it.

James Eugene Hasser · Answer

The driver would be liable. The company wouldn't unless the driver was on the job at the time.

Andrew Sigal · Answer

I would definitely sue both the driver of the car and the driver's employer.

Hamed Yazdanpanah · Answer

Yes, but you will require the aid of a lawyer BC the ins companies will not negotiate with you.  For years, personal injury attorneys have been blaming bad faith tactics by the insurance carriers.  Recently CNN's Anderson Cooper conducted an undercover investigation into these tactics and to better understand why you will require the aid of counsel to receive fair and reasonable settlement for your damages, we ask that you take a few minutes and review these four links below, in the order they appear.  If you are unable to click on the link, please cut and paste them on your browser and then watch them.

Arman Moheban · Answer

The company is liable as the registered owner of the vehicle.

Paul Whitfield · Answer

The owner and operator are responsible.

Ronald A. Steinberg · Answer

Yes you can.

Michael L. Aaronson · Answer

You have a good case.

Georges Shers · Answer

The injured motorcyclist definitely can sue the other driver and the company that owns the car, but the latter's liability is limited to $15,000 as owner of the vehicle unless it can be shown that she was doing work for her employer or they knew she was a poor driver but let her use the car [negligent entrustment].

Gregory Janks · Answer

In Michigan both the owner of a motor vehicle driven with  permission and the operator are responsible for causing injuries to  others. You would want to make a claim against both. Whether the owner  has some defenses to whether there was permissive use would have to be  discovered as the claim/suit went on.

NA richard@jandjlaw.com · Answer

If the driver was in the course of employment for the employer at the time of the collision, then the employer is vicariously liable for the negligence of the employee driver. This is basic agency law.  The company vehicle is very likely insured under a policy issued to the employer, which will cover employee negligence for torts that occur in the course of employment. So, this generally means you are dealing with a commercial liability policy that will have a liability coverage limit of up to 1 mil, or more.  You should be making claim with the insurer for the employer / owner of the vehicle.  IF it becomes necessary to sue, remember there is a three year limitation of action statute in WA. If a suit is filed, then you can name both the employee driver and the employer / company / owner of the at  fault vehicle as party defendants.

Matthew Kaplan · Answer

They will try and get out of it because the driver was not in he course and scope of her employment.  It does not mean they will succeed.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

Can we sue the driver and company and is there a way the company can get out of it?

22 ANSWERS

Find Local Personal Injury Lawyers

Helpful Resources

Ask a Lawyer