If I had an alleged accident with a work vehicle, shouldn’t my employer be responsible to appear in court?
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If I had an alleged accident with a work vehicle, shouldn’t my employer be responsible to appear in court?
I was driving a semi for work and had someone claim I hit their driver’s mirror. The police called and I answered their questions. I am now being taken to court personally by this person. Should it not be served to my employer?
Asked on September 16, 2014 under Employment Labor Law, Minnesota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
An employer may be liable, or responsible for injuries or damage caused by his employee during work; and the owner of a vehicle may be liable for injuries or damage caused by a person whom he allows to drive the vehicle. In addition, the at-fault driver is him- or herself also potentially liable, regardless of whether he/she was driving for work or driving another's vehicle. So there are several people who *could* be liable. However, the plaintiff (the person suing) is not required to sue any or all of them; rather, the plaintiff may decide which of the potentially liable people to sue. This plaintiff has evidently decided to sue you; he is not required to sue your employer.
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