If my stepfather was driving a 18 wheeler for a company and hit a car that was being towed, can the owner of the car sue him or just the company he was driving for?
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If my stepfather was driving a 18 wheeler for a company and hit a car that was being towed, can the owner of the car sue him or just the company he was driving for?
Asked on July 6, 2017 under Accident Law, Louisiana
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
The owner of the car would file a lawsuit for negligence against the company (your stepfather's employer) but would also name your stepfather as a defendant because he was the at-fault driver.
Prior to filing a lawsuit, a property damage claim should be filed by the vehicle owner with the company's insurance carrier.
If the case is settled, NO lawsuit is filed.
If the case is NOT settled with the company's insurance carrier, the vehicle owner would then file the lawsuit for negligence discussed above.
Although your stepfather is liable as the driver, the company that employed him is primarily liable because an employer is liable for the negligence of an employee that occurs within the course and scope of employment.
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