Can an O/O be Sued if he is leased on to a company?

Discussion in 'Trucker Legal Advice' started by heysteveh, Mar 14, 2010.

  1. heysteveh

    heysteveh Light Load Member

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    If an O/O is leased on to a company, can he still be sued or would they have to sue the company itself? I.e., who is liable, the o/o or the company he is leased on to?
     
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  3. LaComa

    LaComa Light Load Member

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    Everyone, will be sued. The o/o is responsible for making sure the o/o has the right isn. in place regardless if he is leased on to a company. The company that you are leased to will be sued first in turn you will be sued by them.
     
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  4. Mr. PlumCrazy

    Mr. PlumCrazy Road Train Member

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    To tell the truth a company driver can be sued. It dont matter if you are a O/O, L/O or company driver. Lets say you are driving you are in a accident and the family wants to sue well since you was the driver at fault the family can sue you and the company. Normally what they will do is sue the company with you named as a defendant along with the company. Lets say they was suing for 5mil the court can find you liable for 1mil and the company for 4mil. or vise versa.
     
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  5. heysteveh

    heysteveh Light Load Member

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    My next question is if I am leasing on to a company do I need to do an LLC to keep myself safe from beng sued, or is a "DBA" (doing business as) good enough if I am leasing on to a company?
     
  6. Roadmedic

    Roadmedic Road Train Member

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    There is no protection offerred against lawsuits by LLC or DBA.
     
  7. otherhalftw

    otherhalftw R.I.P.

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    Not quite accurate...any corporate configuration will protect the individuals holdings...such as home, vehicles, anything owned by the individual...however anything in the corporate name is fair game!
     
  8. Roadmedic

    Roadmedic Road Train Member

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    Not always. I have seen corporate owners lose the home as well.
     
  9. grimesjm1

    grimesjm1 Medium Load Member

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    whole point of llc is LIMITED LIABILITY. however, you as a driver are responsible for what you do. if you hire a driver and he screws up, he's getting sued and your business is getting sued, your personal stuff is probably ok. if you are driving, you are getting sued as well as your business. other thing is until you get good business credit, you have to cosign for your business. so if your business gets sued, and they take it's assets(the truck), you are in trouble if you dont have the money on hand to pay things off.
     
  10. Roadmedic

    Roadmedic Road Train Member

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    In the case of the trucking company of one person who is the driver and the owner, the benefits of incorporating are limited.

    For the most part, it stays at the corporate level. I maintain additional insurance at the personal level as well.
     
  11. JoBernard

    JoBernard Light Load Member

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    It would still be wise to LLC or Incorporate, in which case there's a chance somethings will be left out; which in case of a sole proprietor may not, make sense?
     
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