Suing an employee/driver for negligence? Need help

If that driver is anything like me or most of the drivers I know, we’re living paycheck to paycheck. You can sue me all you want, I don’t have any assets!

 

Saying why he was terminated.
Isn't that blackball?

And Isn't blackball illegal?

 

I used to think it wouldn’t be possible but some of the suits that are successful anymore, you probably can…I mean my grandma got sued and lost over an improperly functioning air conditioner when she sold her house…I know for a fact it worked when we moved here to the nursing home in June and the house got sold around march so to cold to test it… and somehow she was supposed to know it wouldn’t work when the ground feeding scumbag who bought the house turned it on 2 months later by the way there was no warranty on the house..as is where is…Sorry for the rant but after that anything is possible, but honestly I think I would just let the insurance pay for it….that’s why you have been paying out the ### for it.

 

A lawyer told me, there is a saying among lawyers "you can't get blood out of a turnip" That was his advice about going after the estate of a very poor deceased woman that killed my mother in a DUI wreck

Poor and stupid seems to be an easy, safe way to go thru life.

 

43,000 lbs of meat does that mean the driver sat awake for 5 to 25 hrs loading said meat?? Logs don’t mean diddly if incorrect info is entered ..

 

These days you can sue just about anyone, however you'll need to give it careful consideration, for example can you afford the legal costs, you could probably claim the costs as a tax deduction but thats a topic for the accountant huh? The thing to consider is your previous employee going to be able to pay what ever costs your suing him for, if your truck was worth say $100 000 plus freight another $50 k who has a spare $150 k sitting in a saving fund? You'll also find if the insurance did compensate you for the expenses you could only sue for the difference, e.g your insurer pays you $80 k out a possible $150 k you could sue for the $70 k difference or if they paid you the total but subtracted an Access fee of $5000 you could sue to be compensated for the access. The other thing is if your insured is this not something the insurance companies would pursue? Anyway hope you do get compensated for it all.

 

When I worked a mega carrier in Utah they were self insured for the first $1,000,000. So anything under that they wrote the checks themselves. They would average 1 rollover a week. They said the average cost was $50,000. They paid it themselves and had truck towed to yard fixed in their shop. Plus trailer and saved what freight they could that was in trailer.

It’s not the same scale for a small O/O were you can just write a check. Probably no good answer other than let insurance pay for it. I would not think you can sue an employee for an accident unless they did something that was negligent or something you can prove.

Remember the Walmart that almost killed Tracy Morgan in NJ for falling asleep in NJ and not stopping for traffic. His log book was 100% legal his truck had everything working. They found out after their driver was commuting from like NC to his Walmart job out of like NewYork state every week. He was up like 24 hours straight was doing this for a long and Just fell asleep that week.

 

I skipped some. First you can sue anyone for anything in this country. Will you win, probably not. Just remember this. As your driver, he was a authorized user of your equipment. Your the owner, the risk falls on you. Now a accident victim can sue your business, and the driver personally. But your insurance company will represent that driver as a employee, or agent of the insured. A extention of your company. They legally have to back him up if he was a employee at time of loss. Now they cam do a good job, or a bad job at this. It will not look good for you to sue him. He maybe have been fired, but he was a employee during the accident. You will not win that suit. Whoever the authority is with, will be the responsible party. Hope you have a LLC,S-Corp, Inc to protect your personal property from your Trucking operation. It's difficult for you to be held personally for your employees negligence, but your business will be held responsible. Your two separate entities I hope.

 

there are legal ways to own absolutely nothing. Putting everything you own in an irrevocable trust. You have control of everything, but you don’t legally own anything. The issue is most states have a clawback of about four years. I believe some states are only two years. So you need to establish it and then hope like heck nothing happens for four years. Then after that smooth sailing. Everything you buy worth any kind of money or any kind of assets at all goes straight to that. There are law firms in Chicago. I know of them personally who FIND exposed assets and then after they profiled them, they find a way to try and sue them. That’s how disgusting things have gotten in the lawsuit industry in this country. They find people with assets and don’t even know what they’re gonna sue them for. Then they go find a reason to sue them. They literally have hired hands , they call hitman, go out profile people and build profile and assess their exposure and these people get a percentage when they settle. It’s disgusting, but it goes all over the country. You are better off owning nothing. At least on paper. If you build any kind of wealth in this country at all? There’s always someone waiting to take it from you.

 

How well did you pay this driver that you think he has money?