DUI accident/Negligent Entrustment?
Drunk driver without a valid license, ran into residence, causing approx. k (no bodily injury). He was driving a company vehicle. My insurance did a fair job handling mess, we feel that we are still out k. Kids were shaken up, both are still scared (rooms are in front part of house). Driver has pr...
Drunk driver without a valid license, ran into residence, causing approx. k (no bodily injury). He was driving a company vehicle. My insurance did a fair job handling mess, we feel that we are still out k. Kids were shaken up, both are still scared (rooms are in front part of house). Driver has prior DUI & marijuana charge on driving record. Is company negligent? This is a multi-million dollar company. I wrote letter, seeking compensation, to no avail. They offered peanuts. What is your take? Thank you.
There is a good possibility they are liable, if the following is true:
a) The driver was driving while on a mission for his employer (acting within the scope of his employment when driving)
b) The company was negligent in hiring the driver/employee because they already knew of the previous infractions.
Its called vicarious liability.
Talk to a lawyer, you have to prove that it was within the scope of the employment (at least at common law, your state may be different).