Legal Question in Employment Law in California

Auto Fatality on way home from Night Work

A friend worked at a hotel in

California, doing overnight

work. After completing her

work she drove home and

was instantly killed in her

auto. Cause of death was

deemed asleep at wheel. Broken

neck. How can we find out if

she had a proper brake at

work? Surveillance camera on

front desk where she worked,

and other employees said boss

watched the camera for any

employee falling asleep.


Asked on 8/04/06, 9:39 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Auto Fatality on way home from Night Work

Sorry, whether she had a break or not, you are not going to establish wrongful death causation against the employer on those facts. Think about it: she would have been just as tired after shift with or without the break. On your logic, any employee that is tired after work and has an accident could blame the employer.

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Answered on 8/08/06, 4:09 pm


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