Q: a public utility hires a contractor to provide large trucks for an ongoing project.
one of the trucks is involved in an accident while overweight. what liability attaches to the utility that hired the contractor?
the driver of the truck is an employee of the contractor hired by the utility company.
does liability attach to the utility company? The utility owned and operated this same type of truck and is well aware of the tendency to run overweight.
thank you
Thanks
A: Although your post does not indicate for whom the driver of the truck was employed, insurance coverage for the vehicle being operated, unless operated without permission of the vehicle's owner, generally applies to cover damages caused by a negligent operator.
Tim Akpinar agrees with this answer
A: The utility would probably be named in any claim, but actual liability would be fact-intensive, requiring the overweight issue to be examined more closely. Good luck
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
