Legal Question in Product Liability in Mississippi

personal injury

who is liable for an injury caused by a tow truck that was towing a town's police car. The tow truck driver was drunk and left the accident scene. The tow truck driver was an independent contractor hired by the towing company that was hired by the town's insurance company.


Asked on 2/26/07, 4:42 pm

2 Answers from Attorneys

Jon Lewis Lewis, Feldman, & Lehane, LLC

Re: personal injury

Obviously, all of the facts would have to be analyzed and the police report reviewed throroughly. However, the driver would definitely be liable. As far as the towing company which hired him, they might be liable depending upon the control they exercised over the driver as well as the driver's record, i.e.: previous DUI's, poor driving record, etc. It's questionable as to the liability of the town's insurance company unless you could prove similar prior circumstances.

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Answered on 2/26/07, 4:53 pm
Dennis Harmon Dennis Harmon

Re: personal injury

The tow truck driver of course. He should have a hefty insurance policy if he is hired by a city and an insurance company. That may be enough to cover the injuries. How far you can go up the chain will require more knowledge of the control the city and insurance company had over the way the driver did his job. With enough control, you can keep going up the ladder. One other thought: if the driver got drunk at a bar then the bar might be liable in a dram shop action.

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Answered on 2/26/07, 5:32 pm


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