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- Our law firm carefully investigates all potentially liable parties in cases where we represent the victims of drunk driving accidents. Here are some of the things we consider in every case involving a drunk driver ....
- In many serious Illinois car accidents where there are serious injuries or wrongful death, there is frequently additional sources of compensation which can be identifies to make sure that the victims of the car accident are properly compensated. As experienced Chicago car accident lawyers, these are the steps we take in serious car accident cases.
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Automobile Accident
Mason County drunk driving accident leaves two dead
Two men were killed and another seriously injured in a drunk driving accident in Mason County on Wednesday night. The drunk driver was driving a truck owned by a farm supply company and was not injured in the car wreck.
One of the issues that will arise from this accident is who bears legal responsibility and who will have to pay the wrongful death compensation that the families of these men are entitled to.
There is a doctrine in the law called respondeat superior, which holds an employer liable for the negligence of its employees in the course and scope of their employment. Most of the time, when an employee is given a company vehicle and gets into an Illinois motor vehicle accident, his employer will be held liable. In cases where the employee is driving drunk, the insurance company for the employer will deny liability, saying that the drunk driving employee was not hired to drive while intoxicated, violated company policies, etc., and was therefore outside the scope of his employment. That is a defense that the farm supply company is sure to rely upon.
However, if the employee was permitted to drive the vehicle, a lesser evidentiary standard than acting in the scope of employment, then the insurance which covers the vehicle should also cover the drunk driving employee. However, these families can be sure that the insurance company will try to dodge responsibility by claiming that the coverage on the vehicle was voided when he drove the company vehicle while under the influence of alcohol, something which he was doubtless forbidden from doing.
Wrongful death cases are serious cases under the simplest of circumstances because the losses sustained by the families are so great. However, in a case like this, where there may be grounds for a financially viable defendant or insurer to avoid laibility, these families would do well to hire an experienced Illinois wrongful death lawyer to protect their interests.
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2 Comments to "Mason County drunk driving accident leaves two dead"
How would you argue for the application of a more loose "course and scope" doctrine?
We have a similar case: Drunk driver - company vehicle he gets to take home - crossed the center line - two dead in the other vehicle.
How would you make such a case against the company?
Thanks.
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The Law Offices of Barry G. Doyle, P.C.
100 W MONROE ST.
STE 2100
CHICAGO, IL 60603
Phone: 312.263.1080
Fax: 312.263.0153
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Offices
The Law Office of
Barry G. Doyle, P.C.
100 W Monroe Street
Suite 2100
Chicago, IL 60603
Phone: 312.263.1080
FAX: 312.263.0153
FAQ
Automobile Accident
- What is the mandatory state minimum amount of liability insurance in the State of Illinois?
The other driver refused blood-alcohol testing after the accident, and that resulted in the dismissal of his DUI charges. Will you be able to do anything to prove that he was intoxicated?
- I was forced off the road by another vehicle which did not stop. There was no contact between my car and his. Can I make an uninsured motorist claim for a hit-and-run accident?
The news story that was the starting point for this blog entry was not clear as to the how the drunk driver ended up behind the wheel. That obviously is going to be an important point of investigation.
Illinois uses an "initial permission" rule for auto liability insurance -- once you have permission to use the vehicle, the insurance covers you. This is potentially a much easier way to reach the insurance of the employer. They own the vehicle, gave him the vehicle to use, their insurance must cover it. You do not need to prove scope of employment. If there are restrictions on the use of the vehicle, that's a little more dicey.
If the employer has a small auto policy and a larger general liability policy which is secondary to the auto policy and would require proof of scope of employment, there are a number of ways to show scope of employment. The easiest of these is of course showing that he was doing something work related while intoxicated. A violation of company rules perhaps (and obviously against the law in this case) but still in the course and scope of his employment. It all depends on how your state defines course and scope of employment issues.
The bottom line on this is that how you prosecute the case depends on what your investigation tells you about what happened leading up to the crash and what the insurance coverage situation is.
Good luck with your case. I would be glad to speak with you about this.