If I had an alleged accident with a work vehicle, shouldn’t my employer be responsible to appear in court?

I was driving a semi for work and had someone claim I hit their driver’s mirror. The police called and I answered their questions. I am now being taken to court personally by this person. Should it not be served to my employer?

Asked on September 16, 2014 under Employment Labor Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

An employer may be liable, or responsible for injuries or damage caused by his employee during work; and the owner of a vehicle may be liable for injuries or damage caused by a person whom he allows to drive the vehicle. In addition, the at-fault driver is him- or herself also potentially liable, regardless of whether he/she was driving for work or driving another's vehicle. So there are several people who *could* be liable. However, the plaintiff (the person suing) is not required to sue any or all of them; rather, the plaintiff may decide which of the potentially liable people to sue. This plaintiff has evidently decided to sue you; he is not required to sue your employer.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.