Legal Question in Business Law in California

Re: Good Sam Law and my bussiness

The big question here is probably going to be whether the company car was being driven during the course and scope of company business.

This question really should be asked under a different heading. While there may be some business law sub-issues here, far and away the main legal issues involved here have to do with auto accident law, or more generally, negligence or torts law.

Actually, there are two issues here; the first is whether the driver breached a duty by not stopping to administer aid or whatever, and the second is, if there is any liability, whether the business is liable as well as the driver. That's where the "course and scope" question comes into play.

I suggest you re-ask your question under another category so the experts on accidents and torts can take a crack at answering.

Re: Good Sam Law and my bussiness

Turn this over to your auto insurance company and let them deal with it. From the facts stated, it would appear the there may be fault apportioned to both parties. The person behind the car that spun out had a duty to keep a safe distance from the car in front such that they could stop in time if the car in front suddenly braked. However, if your associate spun into the other parties lane, he would be at fault. In California, there is no good samitarin law, however, if you are involved in an accident you are required by law to stop and exchange insurance informnation. If you have auto insurance I would open up a claim and turn it over to them.

Re: Good Sam Law and my bussiness

A good samaritan is someone who undertakes to come to the aid of another, having no duty to do so. A good Samaritan must exercise due care in undertaking to aid another. Failure to exercise due care constitutes breach of duty. To be liable, the good Samaritan must have increased the risk of harm or caused another to detrimentally rely on the good samaritan's acts. That is basic concept of the law in California. Have you made a claim with your own insurance carrier on this accident if you have insurance ? You should immediately. Our firm can also represent you as an option, if you get sued. Thank you. [email protected], www.natebernsteinlaw.com