Liable if hired truck blocks view and car accident happens?

[fairiestate]

What is the name of your state? California

My mother's business and third party (a trucking company) are being sued by an automobile driver who hit a second driver near the corner of her business. My mother is involved because a truck she hired to deliver goods to her business was illegally parked (on a red zone) on the corner and obstructed the driver's view of traffic. The suing party's argument is that the truck (about the size of a shipping container) obstructed his view and that the truck driver (employed by the trucking company) also waved at him and made it seem like the intersection was clear for him to turn into. Unfortunately, it wasn't clear and he hit another party. Is my mother liable? Thanks for your help!

If this might be helpful, the summons states that ... "Defendant's allowed a trailer to be parked in a Red Zone blocking views of traffic and far away from curb in a manner which was negligent. Furthermore, the driver or an agent of the Defendant's waived Plaintiff through the intersection when not safe to do so."What is the name of your state?

 

[seniorjudge]

Q: Is my mother liable?

A: Based solely on the info in your post, no. Have her lawyer explain it in depth to her.

 

[ecmst12]

No, I do not believe she can be held legally liable (nor the truck driver) for anything. She will need a lawyer to defender - her business insurance will probably be able to provide one for her, but if not she should pay for one herself.

 

[justalayman]

your mother-no

the truck driver- IF he actually did waive the insured party on, he may have some culpability in the situation but not because of how he was parked.

 

[ecmst12]

Doubtful. The driver should never have relied on the truck driver's alleged wave - he should have checked for himself to see whether it was safe to go. The burden is on the car coming off of the side street to ensure traffic is clear before proceeding.