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curiousbynature · Sep 11, 2008, 12:06 PM

Our driver smashed up our truck {transport} $108,000.00 worth of damage. He was found to be 100% responsible, {fell asleep at 11:30 a.m} Can We go after him to at least pay the insurance deductable?

JudyKayTee · Sep 11, 2008, 12:48 PM

Originally Posted by curiousbynature

Our driver smashed up our truck {transport} $108,000.00 worth of damage. He was found to be 100% responsible, {fell asleep at 11:30 a.m} Can We go after him to at least pay the insurance deductable?

Yes, and your carrier might pursue him for what they put out, too.

this8384 · Sep 12, 2008, 01:35 PM

Have you asked your insurance agent this question? If he was operating a company vehicle as an employee of said company, then he may or may not be able to be held liable for any charges.

ballengerb1 · Sep 12, 2008, 02:21 PM

Did he get a ticket? You can always sue almost anyone for almost anything but that doesn't mean you will prevail. Do you have a contract with this person that says he could be liable for any damage he may cause?

twinkiedooter · Sep 12, 2008, 02:49 PM

Ballenger has a good point. What sort of a signed employee agreement did he sign when he was hired on as a company driver? At a trucking company I worked for they made the drivers sign a dandy agreement saying that they were responsible for any deductibles in case of any accident. You must be a small trucking company and no one thought to have such a clause in the driver's employee contract. Good idea would be to contact a good attorney and have such a contract drawn up and have all your drivers sign this. A small company cannot afford to take such a huge financial hit. Your insurance carrier is going to obviously raise your rates as soon as they can or drop your company altogether.

Also, what did his log book look like? Was he cheating on his logs? What did the dispatcher say about him being out of hours for him to be asleep at 11:30AM? There could be several individuals involved here, not just the driver. The dispatcher has an obligation to have their drivers run legal and run safe and if the driver said he was out of hours or didn't feel well or sleepy he should not have done that run and stayed put and took a nap. In some instances the dispatcher can be held liable for illegally dispatching the driver.

At another trucking company I worked for they had the Safety guy stress safety, safety, don't drive unless you are rested and alert as that company did not need any more accidents. They had a driver crash through a large retaining wall next to a busy interstate and plow into a family's home barely missing a young child sitting in front of the TV in the livingroom! That company had a huge clean up bill to pay for the spilled diesel and the lost freight as well as the cleanup and repair of the home. I'm glad it was not one of their propane trucks that went through the barrier but just a dry van hauling uncombustibles. And yes, that particular accident was a combo of the driver AND the dispatcher.

Fr_Chuck · Sep 12, 2008, 08:00 PM

Yes it may well fall down to what legal agreement you have with them as the driver.

JudyKayTee · Sep 13, 2008, 06:30 AM

Originally Posted by ballengerb1

Did he get a ticket? You can always sue almost anyone for almost anything but that doesn't mean you will prevail. Do you have a contract with this person that says he could be liable for any damage he may cause?

I get called out all the time for giving out information that is "too complicated, not what I asked."

The OP asked if he/she could sue - not if he/she could/would win.

I see lawsuits all the time that are outside the employment agreement because the driver is totally at fault and that's an exclusion in the agreement.

Otherwise, yes, I agree with Ballenger (and everyone else) - you can sue just about anybody for just about anything - it's the proof that wins or loses the case.