Suing an employee/driver for negligence? Need help

That driver “blackballed” himself already.

Employer is responsible for properly vetting the drivers. What the OP should be grateful for is that this wasn’t an accident with injuries or worse a fatality.

 

Yes I agree with that logic. But the logic still remains, vetted or not, that driver is/was in control and command of that equipment so he should be held liable. I mean, especially with all that time of at home he just had? That's irresponsible and ridiculous!

 

He was held liable..was given a ticket.

Had he caused an injury or death then that would be a game changer. That’s where the op would find out that the driver didn’t fall asleep and was actually playing with his phone

What I want to know is where I can get some of that dollar a pound frozen beef, lol

 

Well shoot, many years ago when I drive for Foley Meat co. You could've gotten some for that price. Next Q: do you have access to a time machine? Lol

 

Just wanted to chime in on one aspect of your post. Don’t assume that because the drivers had a few days off that it’s a given that he should be well rested. He may have been out till 4 AM in the morning or whatever the night before. May have been up arguing with his wife, he might have sleep apnea and even if he was in bed for 12 hours, he only slept for two of them. Does he commute a good distance to the yard or where he picks the truck up? Maybe he got up at 1 AM or just stayed up all night Driving just to where the truck is? I know myself, my first day back out after my days off is always my hardest day because I live three hours away from where the yard is and I usually leave my house about two or three in the morning, which means I don’t sleep much at all that first day. After that, for me it gets easier because I get a rhythm.

 

I thinking you or your company employ him so that makes the driver part of your company. You're not liable against yourself. Unless he was doing something illegal like drugs and you can prove that , then maybe. Probably wouldn't cost much to talk with a lawyer. Don't know if it'd be worth it , he's a most likely unemployed company driver so isn't much there to get.

 

The lawyer will say.

What do you expect to get out of him?

If he has nothing to sue for. You get nothing to sue for.

You could probably maybe garnish his wages. But at the first garnishment. He'll either bounce or the company will let him go. Companies don't like paying someone's bills.

You have insurance. That's probably all you're going to get.

 

Employees are gonna tear #### up, that’s pressure of the job. As an equipment owner you assume more risk, with less reward usually.


So by wanting him black balled never to drive for a living again I assume that you feel that could never ever happen to you in a million years under no circumstances?
Just a question don’t get bent outta shape now.


Even if you did sue and win. Judgement doesn’t guarantee payment and nothing is what you get when nothings to be had. Maybe you should have done a better pre employment verification. Perhaps more ride alongside, really looked for signs of impairment and pulled a reasonable suspicion test if that’s what you thought. In the end of time it’s your business and yours to handle. Sometimes something just slips through the cracks or is a freak accident. However if you really feel the driver is that negligent than it’s on you for hiring/continuing to employ him

 

Yes.

OK you are a FLEET OWNER, not an owner operator. take off the O/O hat off and put on the business owner's hat on.

OK anyone hurt?

Anyone involved other than the truck and driver?

When did this happen and where?

Happens, I expect a total loss.

OK, sounds like it is typical, are you culpible?

Did you do your due diligence in asking him directly if he is well rested?

Not important, this is an insurance claim, too bad it is a waste of meat.

NO! You can not.
You as a business has a liability of your employees under state laws and court decisions unless there is extenuating circumstances - this is not one.

OK that's it?

So?

You fire him if it is justified. Just because they fell asleep doesn't mean much, there has to be more to the story.

So what's the rest of the story?

It has to be, ask the cops who handled the accident, you do have a police report number? If not get one.

Follow up with the cops to make sure that it was done PROPERLY.

Why?

You can't.

Here is the rub with this crap of blackballing anyone, they can sue the crap out of you for defamation. You can only provide the date of employment and why they were terminated, you can not trash the driver or make crap up which happens a lot out of revenge.

SO back to the OP's quesiton - NO you can not sue the employee over this, this is all on you to pay for the deductable and the related costs. The insurance company can go after both of you (this has happened when there was negliance and a collusion to cover it up).

What I don't get is how some of you fleet owners don't get you need a lawyer before you get a driver. Some of the cheap fleet owners wait until there is a problem and this is why you all get into trouble when something happens. You NEED a lawyer before you get a driver.

 

Why’d he fall asleep?
I always tell the drivers if you’re tired, go to bed, rather be late than a no show and/or dead.

To tight of schedule?