Legal Question in Personal Injury in California
Liable if hired truck blocks view and car accident happens?
Hi there,
My mother's business and a third party (a trucking company) are being sued by an automobile driver who hit a second driver near the corner of her business. My mother is involved because a truck she hired to deliver goods to her business was illegally parked (on a red zone) on the corner and obstructed the driver's view of traffic. The suing party's argument is that the truck (about the size of a shipping container) obstructed his view and that the truck driver (employed by the trucking company) also waved at him and made it seem like the intersection was clear for him to turn into. Unfortunately, it wasn't and he hit another party. Would my mother's business be responsible as the summons says she is liable because she ''allowed a trailer to be parked in a Red Zone blocking views of traffic and far away from curb in a manner which was negligent. Furthermore, the driver or an agent of the Defendant's waived Plaintiff through the intersection when not safe to do so''? Thanks for your help!
2 Answers from Attorneys
Re: Liable if hired truck blocks view and car accident happens?
Hi to you, and you are welcome for the help.
Frequently, the insurance carrier for your mother's business will provide a defense at no cost to Mom.
While normally, the defendant trucking company, or its carrier, bears responsibility, this should not be ignored.
I can't answer whether Mom's business bears any responsibility without knowing more facts.
You also have two drivers of passenger cars, a trucking company (usually, but not always insured), Mom's business, a red zone, etc.
Thus, it is hard to give simple answers.
Please let me know if you need more!
Re: Liable if hired truck blocks view and car accident happens?
You mother should not be liable, but she should submit her defense to her liability insurance carrier. If she doesn't have liability she should hire a lawyer who should be able to dispose of the case on summary judgment without too much in legal fees being required.
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