My daughter was involved in a multiple vehicle car crash and is suffering life threatening injuries. Who is held liable?

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Question:

My daughter was driving to work on the interstate, when a truck going the opposite direction lost control, crossed the median, and hit her head on, causing her to sustain life-threatening injuries.  We have since learned that immediately before the accident, the other driver was fighting with his girlfriend, who was driving alongside him in a separate vehicle. Apparently she lost control and hit the vehicle he was driving, which belonged to his employer. Because he wasn’t wearing a seatbelt, he then lost control, crossed the median, and hit our daughter.  My daughter has thousands of dollars worth of medical bills.  Which of the two is liable for the accident, or are both at fault?

 

Answer:

From what you have said, it would appear that both may share fault for this unfortunate accident.  Both were apparently driving recklessly, and if they were indeed fighting, they both also bear the responsibility to pull off the road so as to not endanger other drivers.  You didn’t mention whether or not either driver was insured.  If the person who actually hit your daughter was driving his company vehicle and was in the course and scope of his employment at the time of the accident, the doctrine of “respondeat superior” may apply.  That means that the employer may be responsible for the negligent acts of the employee, and so the two drivers, as well as the employer, may all be held responsible.  Because of the complexity of this situation, I would definitely seek the advice of an attorney who specializes in auto accident claims.

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