Re: DUI In company car

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Both the company and driver may be held liable for damages incurred by the injured party. There is a possibility that due to the suspended license, the court may find punitive damages which can far exceed the value of the damages awarded under the original claim. You need to retain a competent attorney to represent you in this matter and obtain the maximum results for you and any others who may have a claim arising from this unfortunate accident.

Scott R. Jay, Esq.

Re: DUI In company car

Under these circumstances, it would be possible to hold both the driver and the company liable for all damages, including holding the company liable for punitive damages.

Re: DUI In company car

The company is liable for the damages caused by its employee. In addition, since it gave its vehicle to a driver whose license had been suspended for so long, it probably has a decent chance of being held liable for the punitive damages that will be assessed as well.

Re: DUI In company car

Dear Sir/Ma'am:

Sorry to hear about that scary episode.

Both the other driver AND his employer may be held accountable to for the collission. This is especially so where the employer knew or should have known that their employee was driving around with a suspended licese. You may even be able to claim punitive damages.

Feel free to email me or call me at 561.266.9191 if you'd like to discuss this case further in more detail.

Take care,

Len

Re: DUI In company car

The company would be liable for damages as owner of the vehicle.

Re: DUI In company car

Under the circumstances you describe, the company as the owner of the vehicle would be liable, but, very possibly that liability would be limited as some states limit the liability of the owner of a vehicle that was not driving. Since the employee was using the car after hours, he was not apparently working at the time, which if he was, would make the company liable under principles of respondeat superior, based on the idea that an employee at work is the agent of the employer. There is inadequate information to determine if the company's negligence or grossly negligence was the cause of the vehicle being driven by the driver at the time. If it is proven they were, they would be liable for their own negligence, and if it could be proven that they were grossly negligence (requiring a conscious disregard for the safety of others) then they could be liable for punitive damages as well.

Re: DUI In company car

If the company owned the car they may be responsible along with the driver. Because the employee was operating the car without a valid license that would relfect poorly on the company and would be helpful if you are contemplating a claim. feel free to contact my firm if you would like to discuss the matter in greater detail

DDD@dolan-law.com