Who do I file suit against if an employee caused an accident resulting in a personal injury, but they no longer work for the company?

UPDATED: Jun 15, 2011

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Who do I file suit against if an employee caused an accident resulting in a personal injury, but they no longer work for the company?

My wife was involved in an accident with a driver who was driving a company delivery/semi tractor trailer on a suspended license. He wasn’t on personal time and the insurance company for the business handled the claim for the vehicle.. I filed a personal injury suit with both the company and the driver. When the paperwork for the suit was being served, the company said that the employee no longer worked there. Who do I file the suit with?

Asked on June 15, 2011 under Personal Injury, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It doesn't matter if th employee no longer works there--if he worked there *when the accident occured,* the company might be liable. It is where he worked at the time of the accident which is critical, not what happened later. So if an employee, driving a company vehicle, hit your wife while he was on the job, then the company could be liable; you should therefore sue the employee and the company both (in the lawsuit, the company will have a chance to present any defenses it thinks are valid). If the company was not a corporation or an LLC, you may be able to sue the owner(s), too. Good luck.

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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