I'm being sued; first post

[Magnum V8]

This is my first post. I just found this website.

At the time of this accident, I worked for a trucking company. I was in their vehicle on my work route.

Two years ago, I rear ended someone because that person cut in front of me and slammed on her breaks, on the freeway, going 60 mph.

The police cited that person, not me.

On 1/11/06, my attorney filed suit against that person. Today, 2/10/06, I received notice that she's suing me and the company I worked for at the time. The woman's attorney states I was an unsafe or unlicensed driver, and my company should have known that. Therefore, the company is "vicariously liable."

What are this woman's chances of winning the lawsuit? And if she does win, who will ultimately be responsible, me or the company? What are my chances of winning my suit against her?

I imagine her attack will be that I had 2 or 3 moving violation in 4 years and that proves I was unsafe. Is that a legitimate argument? Does the police officer's report NOT mean anything?

Please give me some advice. This is in Ohio. If you need any more information, let me know.

Thanks,

John

 

[Litigation!]

This is my first post. I just found this website.

At the time of this accident, I worked for a trucking company. I was in their vehicle on my work route.

Two years ago, I rear ended someone because that person cut in front of me and slammed on her breaks, on the freeway, going 60 mph.

The police cited that person, not me.

On 1/11/06, my attorney filed suit against that person. Today, 2/10/06, I received notice that she's suing me and the company I worked for at the time. The woman's attorney states I was an unsafe or unlicensed driver, and my company should have known that. Therefore, the company is "vicariously liable."

What are this woman's chances of winning the lawsuit? And if she does win, who will ultimately be responsible, me or the company? What are my chances of winning my suit against her?

I imagine her attack will be that I had 2 or 3 moving violation in 4 years and that proves I was unsafe. Is that a legitimate argument? Does the police officer's report NOT mean anything?

Please give me some advice. This is in Ohio. If you need any more information, let me know.

Thanks,

John

My response:

Did you turn the paperwork over to your company's insurance company? They owe you a defense to the woman's lawsuit.

IAAL

 

[Magnum V8]

I don't work for them any more. Actually, the boss and I had a falling out. So, I'm a little worried that they may throw me under the bus. But, because the woman is already stating the company is negligent for hiring an unsafe driver, it may be in their best interest to back me up 100%.

Yes, the company has all the paper work, on everything, except my lawsuit against her.

 

[Litigation!]

I don't work for them any more. Actually, the boss and I had a falling out. So, I'm a little worried that they may throw me under the bus. But, because the woman is already stating the company is negligent for hiring an unsafe driver, it may be in their best interest to back me up 100%.

Yes, the company has all the paper work, on everything, except my lawsuit against her.

My response:

Then you need not be concerned. Just do as your attorneys tell you to do; but, always run anything by your personal attorney first. What you may say in your defense lawsuit will have an effect on your plaintiff lawsuit.

IAAL

 

[Trucking Mad]

This is my first post. I just found this website.

At the time of this accident, I worked for a trucking company. I was in their vehicle on my work route.

Two years ago, I rear ended someone because that person cut in front of me and slammed on her breaks, on the freeway, going 60 mph.

The police cited that person, not me.

On 1/11/06, my attorney filed suit against that person. Today, 2/10/06, I received notice that she's suing me and the company I worked for at the time. The woman's attorney states I was an unsafe or unlicensed driver, and my company should have known that. Therefore, the company is "vicariously liable."

What are this woman's chances of winning the lawsuit? And if she does win, who will ultimately be responsible, me or the company? What are my chances of winning my suit against her?

I imagine her attack will be that I had 2 or 3 moving violation in 4 years and that proves I was unsafe. Is that a legitimate argument? Does the police officer's report NOT mean anything?

Please give me some advice. This is in Ohio. If you need any more information, let me know.

Thanks,

John

Most of your legal questions have been answered well. What did the police cite her with? What kind of truck were you driving doing 60mph, The speed limit in Ohio for commercial vehicles over 8000lbs is 55mph through-out the state....Unlicensed driver? (Non-qualified driver?), if your an unlicensed driver then the Co. should not let you drive?
If you would elaborate on some of these issues, then I will also.

 

[Magnum V8]

Most of your legal questions have been answered well. What did the police cite her with? What kind of truck were you driving doing 60mph, The speed limit in Ohio for commercial vehicles over 8000lbs is 55mph through-out the state....Unlicensed driver? (Non-qualified driver?), if your an unlicensed driver then the Co. should not let you drive?
If you would elaborate on some of these issues, then I will also.

Technically, it wasn't a truck. It's a force of habit to call it that. The vehicle was a UPS style delivery van. And it probably weighed even less than the UPS vans. It did not require any commercial license. A guy that worked with me at the time had a Ford F350 that weighed more than our work vans.

And, BTW, I-80 (turnpike) has a speed limit of 65 mph for all vehicles, including commercial trucks over 4 tons.

edit:
One thing I forgot to ask about was that in the plaintiff's suit against me, her attorney states:

"(company) is vicariously liable for the negligent acts and/or omissions of it's employee (me) under the doctrine Respondent Superior."

Do this mean that the suit is actually targeted at my old company, not me? The suit has me listed as the first defendant and the employer second.

If the judgement is against me and the employer, who will be responsible for payment? Their insurance company?

 

[Trucking Mad]

My appologizies on the incorrect speed limit on I-80, it has been a while since I've been in the state, it must have changed(?) recently.
I still await your responses on the other questions, the other parties citation & being accussed of (unlicensed driver).

 

[Magnum V8]

My appologizies on the incorrect speed limit on I-80, it has been a while since I've been in the state, it must have changed(?) recently.
I still await your responses on the other questions, the other parties citation & being accussed of (unlicensed driver).

Sorry for not including those answers.

I don't know what the police report stated as far as what the driver was cited for. I'm going to either get a copy of the report from my lawyer or send a request to the state for one.

I have no idea what "unlicensed driver" means in her suit against me. I know for a fact my license was in good standing, other than 2 points against it. And my company did regular checks on all of their drivers.

Her suit states "unsafe or unlicensed."

 

[stephenk]

you are a defendant and so is your former employer.

 

[fejee]

did u find out what was the other driver cited for? did her insurance company pay for the damage to your company's vehicle or did they deny liability to both you and your company?

looks like what happened is that, when your attorney served her with the lawsuit, she referred that lawsuit to her insurance. her insurance company's lawyers when responding to your lawsuit, also filed a cross complaint (counter sue) for property damage (damage to the lady's car) against you and your former employer. your attorney obviously must have turned over that cross complaint to your former employer's insurance company, which has a duty to defend you on that cross complaint.

if her lawsuit is in fact a cross complaint for property damage only, then you should find out from your employer's insurance company whether they (employers insurance company) and the lady's insurance company are members of "Inter-Company Arbitration"(insurance companies who agree to settle their respective property damage claims via a forum rather than thru the court system, mainly to save legal expense). if both the employer's insurance and the lady's insurance companies are members of Inter-Company Arbitration, then the lady's insurance company should have their attorney dismiss that cross complaint against you and your employer and resolve their respective property damage claims via the arbitration forum. This is one of the agreements member insurance companies are signatories to.

if both insurance companies are not members of the arbitration forum, then the lady's insurance don't have to dismiss their x-complaint against you. the danger I see here is that the employer's insurance company to save legal expense will settle with the lady's insurance company to get out of the lawsuit. should that happen, your personal injury attorney should see to it that the dismissal of that cross complaint contains what they call a retraxit language. in other words, the dismissal must be so worded as not to cause a conflict in the lawsuit you have against the lady for your claimed injuries. in other words, any settlement between the employers and lady's insurance company should not prejudice your rights in the lawsuit you have against the lady.

good luck.

 

[Magnum V8]

Fejee,

Thanks for that response.

Her suit against me lists property damage, bodily injury, physical and mental suffering, potentially permanent damage, and continued pain, suffering and anguish in the future.

There are 2 counts in her suit, one against me and the other against the company. They are mirror images of each other.

Does this change anything you said in your response?

Also, is it normal for a counter-suit to have a different judge assigned?

 

[Trucking Mad]

Anyone could sue/ counter sue for anyreason or basically anything whether they could win or not is based on the merits of their case...
The other party was cited, based on what you stated (probably for aggressive or wreckless/careless driving).As Fejee stated in their post, the countersuit should be handled thru the Ins. Co....
The only other thing is the SOL ( Statute of limitations)..You stated your accident was 2yrs. ago.