Legal Question in DUI Law in California

Hi my husband's car got totalled by a drunk driver while parked. The driver heading home from work intoxicated the insurance company can only do so much but we need extra money for a replacement car can we sue the employer for neglecting his employees by not knowing they drank on the job.


Asked on 3/13/14, 12:59 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

IF it was a company car, the employer might be liable.

IF the driver was driving 'on the job', the employer might be liable.

But, to/from work driving in his private car does generally not invoke employer liability.

IF you could prove the employer knew he was drunk, and let him drive away, you could argue the employer is liable jointly. How do you know he didn't stop after work at a bar and get drunk?

If you can, give the info to your insurance company. They are in charge of the claim for property damages.

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Answered on 3/13/14, 1:12 pm


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