Parties to be sued in the following scenario of damages

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  • KristiKat
    Bronze Member

    • Feb 2014
    • 178

    #1

    [Question] Parties to be sued in the following scenario of damages

    What happens if a company leases a truck to another company,

    and the latter company's driver gets into an accident with another car.

    and the owner of the car wants to sue for damages.

    who can they sue?

    a) the owner of the truck?

    b) the driver of the truck?

    c) the one that hired the truck?
    “Curiousity is the discovery of satan, the devil was hidden and far, now he stares everyone in the face.” ― Michael Bassey Johnson There is evil! It's actual, like cement... I can't believe it. I can't stand it. Evil is not a view... it's an ingredient in us. In the world. Poured over us, filtering into our bodies, minds, hearts, into the pavement itself.
  • sterne.law@gmail.com
    Platinum Member

    • Oct 2009
    • 1332

    #2
    The driver and the leasing company. The leasing company is the employer and vicariously liable.
    The owner of the truck should have a lease agreement that excludes him from liability.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

    Comment

    • KristiKat
      Bronze Member

      • Feb 2014
      • 178

      #3
      But the company who leased the truck is not the employer of the driver who caused the collision....

      the driver was employed by a company that hired the vehicle/truck that got involved in the accident.

      it would be a different story yes,

      if the driver was in the employment of the COMPANY who leases the trucks.
      “Curiousity is the discovery of satan, the devil was hidden and far, now he stares everyone in the face.” ― Michael Bassey Johnson There is evil! It's actual, like cement... I can't believe it. I can't stand it. Evil is not a view... it's an ingredient in us. In the world. Poured over us, filtering into our bodies, minds, hearts, into the pavement itself.

      Comment

      • Dave A
        Site Caretaker

        • May 2006
        • 22803

        #4
        Given the circumstances, and re-applying Anthony's point - "the driver and the driver's employer", perhaps?
        Participation is voluntary.

        Alcocks Electrical Services | Alcocks Pest Control & Entomological Services | Alcocks Hygiene Services

        Comment

        • sterne.law@gmail.com
          Platinum Member

          • Oct 2009
          • 1332

          #5
          RAF?
          Anthony Sterne

          www.acumenholdings.co.za
          DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

          Comment

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