Can a former employer sue you for an accident in an 18-wheeler?

UPDATED: Mar 7, 2012

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Can a former employer sue you for an accident in an 18-wheeler?

My boyfriend used to work for a trucking company almost a year ago. He ran into a woman who just stopped in front of him. He received a ticket and now his old job is trying to sue him for the accident. Can they do this and what is the chance of him having to pay?

Asked on March 7, 2012 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

An employer may sue an employee who caused it to incur some damage to its property or monetary loss (including for an accident), if that employee did so either deliberately or negligently (unreasonably carelessly). Liability, or an obligation to pay, in this context depends on fault. If your boyfriend were at fault in the accident, and through being at fault caused some loss or cost for his former employer, there is a good chance they will win a lawsuit. And on the other hand, if he can show he was not at fault (e.g. that he was driving carefully, and it was the woman who was at fault), he'll stand a decent chance of winning. Of course, the fact that he received a ticket will be evidence against him--it doesn't decide the case against him, but it certainly hurts his chances.

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 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.

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