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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 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.


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