I am filing a civil lawsuit against a drunk driver on Friday. The defendants include: the driver, his employer, and my clients uninsured motorist carrier. This blog post discusses the claims I am making against each defendant and why I am making them.
Factual Scenario: In the early morning hours of Halloween the Drunk Driver got behind the wheel of a vehicle owned by Employer. Drunk Driver crossed traffic lanes and hit my clients causing serious bodily injury.
1) Negligence Against the Driver
Drivers in the Commonwealth of Kentucky have an obligation to drive with due care and obey the rules of the road. Failing to do so is a breach of “duty” and means the defendant can be liable. In this case the drunk driver crossed over the yellow line and hit my clients head on. It was a horrific crash and caused my clients serious injuries including numerous fractures and a brain injury.
2) Vicarious Liability Against the Employer
If an employee is on the job and causes injury the employer is responsible for the acts of the employee. The fancy word for that is vicarious liability. The idea is that the employee is acting for the employer and the law thus holds the employer liable. In this circumstance the drunk driver was driving a van owned by the company. That company allowed him access to the van while drunk and he hurt someone.
3) Under-insured Motorist Coverage Against My Clients Insurance
My clients were smart and purchased underinsured motorist coverage. This is coverage for situations in which the defendant lacks sufficient insurance. In fairness to their insurance company the carrier has already told me they would pay out the coverage limits. They don’t have to do that, but my client’s injuries are terrible. I have made a claim with this carrier for damages over and above the drunk driver and his employers’ coverage.
4) Negligent Hiring, Training, and Supervision Against the Employer
Employers have a duty to make sure they are appropriately watching their employees. In this case the Company allowed the Drunk Driver to get behind the wheel of their vehicle. This is poor supervision and training. Hiring people that drive drunk can also be negligent hiring.
5) Punitive Damages Against the Drunk Driver and the Employer
Driving while drunk in the Commonwealth of Kentucky shows a wanton and willful disregard for human life. When someone drives drunk the law allows a jury to determine an amount to punish that person for his or her actions. In this case I am also suing the employer. My argument is that in permitting a drunk driver access to alcohol and/or access to the Keys to an Econoline Company Van the employer acted with reckless disregard to human life.
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