What are my husband’s rights if he was injured while driving the company truck?

My husband was in an accident driving his work truck when the axle fell off. He and other drivers had written up the danger of this truck. The company and mechanics refused to correct the problem. The mechanic came out to the scene and told him to tell the police (which my husband end up sited for) that he had hit a pot hole, which he had not. This company covers up so much. I have pictures of the truck, the truck hit the news. My husband was hurt, he took the next day off and they will not pay for that time off as well.

Asked on April 23, 2015 under Personal Injury, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Generally, an employer is not liable for injuries which someone suffered while driving a company vehicle...unless, that is, the company was at fault in causing the accident. If the company was aware of a mechanical problem or lack of maintenance and failed to take some corrective action, that however, could make them liable, since it is negligent, or unreasonably careless, to not correct a known problem. Your husband could potentially sue for his medical costs, lost wages, and, if he suffers weeks or months of disability or impairment, for "pain and suffering." However, unless the sum of lost wage and medical bills is several thousand dollars or more, it is not likely cost effective to sue: you could spend more on the lawsuit (for the lawyer; possibly for expert witnesses, like medical experts) then you'd get back. If the sum of lost wages and costs is several thousand or more, then you and your husband should speak with a personal injury attorney about possibly suing.


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