what are my rights driving an unsafe vehicle?

UPDATED: Sep 30, 2022

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what are my rights driving an unsafe vehicle?

I drive a specialty mobility vehicle
for a non-profit organization. The van
I’ve been put in to drive is unsafe. I
have reported it 3 times in a 2-3 week
period and it hasn’t been taken care
of. I would like to know my rights if
I refuse to drive it and also what
would the consequences for me if I
continue to drive it and an accident
occurs? Thank you

Asked on June 10, 2016 under Employment Labor Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

1) If you refuse to drive the vehicle the company tells you to, you could be terminated. That's not to say that refusing might not be the best idea--you should put safety and health ahead of a job, generally speaking--but you need to bear in mind that you could lose your job over this.
2) If you get into an accident and it can be proven by a "preponderance of the evidence" (that it is more likely than not) that some safety defect in the vehicle caused the accident (you have to show causality), you could potentially sue the employer for your injuries, medical costs, lost wages, etc.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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