getting sued ?

Discussion in 'Ask An Owner Operator' started by sir duke, May 16, 2013.

  1. Roadmedic

    Roadmedic Road Train Member

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    Wait till you get into the real world.

    A friend was struck in the left rear of his trailer by a vehicle that was trying to pass on the right and got too close to him. Lost control and did flips in the median.

    Friend was not ticketed or found at fault.

    Passenger in vehicle that flipped was not wearing seat belt. Paralyzed from head down.

    Friend was sued. His company was sued.

    His insurance and the company paid.
     
  2. Ridgeline

    Ridgeline Road Train Member

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    The advice I was given by a law firm who has sued trucking companies in the past;

    If you are driving and own the company, everything except your pension is obtainable through the court.

    If you are managing and been neglectful, like having sloppy documentation, letting drivers slide on randoms and so on, you are also a target for possible neglect.

    Putting stuff in to wifey's name may also be tracked and used.

    A lot of cases are negotiated with the insurance companies and this is why you don't hear about them.

    State venues for litigation is use more often than not because state laws dictate insurance requirements - one example is Michigan has an unlimited medical expense requirement on all drivers and this is no waived with out of state drivers.

    I won't get into the rest but there is a lot more to this complex issue. The best thing to do is not to worry about things like this, select your drivers carefully and make sure they are not unstable. have a contract that is reviewed by a lawyer if not written by one and make sure you operate everything by the book.