Question: The other day a client wanted to know who is going to make a claim against because the other driver was in a company vehicle grab a piece of paper and a pen. And I’ll give you the answer .
Answer: In this scenario there are two and possibly three people or entities that you can make the claim number one is the individual driver. Number two is the company if the driver was in the course and scope of their employment. And you can also make a claim against the owner of the vehicle if they’re different than the individual or company.
The claim against the driver is a direct claim the claim against the company because the guy was working is vicarious or derivative liability claim and it’s called respond the superior or I know today we’re going to be talking a little Latin but this means that the master must answer in other words the master the business owner is responsible for the actions of their servant or employees.
The claim against the owner of the vehicle is also vicarious under the Dangerous instrumentality doctrine. The law says that if you let someone drive your car and they do something wrong you are responsible. Well there you have it, if you are involved in an accident with a company truck or vehicle.
There are at least two and possibly three entities or people that you can make a claim against if you’ve any questions you can always give me a call. I am guy DiMartino meeting you at the intersection of law and medicine. Have a great day.