Legal Question in Traffic Law in Virginia

Re: accident on private property

this is a complicated case that will require a consultation with an attorney in your area..certainly it sounds like you might have a claim against your daughter's insurance policy. How did the police know your daughter was drunk when she was driving? You should also review you policy to be sure there isn't coverage for this incident. Also I suspect you may not be liable given the accident was after hours and not work related. Good luck.

Re: accident on private property

I agree with Brian MIller, that the DUI charge

(at least as you describe it) raises a lot of

eyebrows and may be subject to very serious legal

attack. Your daughter needs to get a good

traffic law attorney, such as Don Hall in Fairfax. My old boss Tom Plofchan is VERY

expensive, but VERY good at criminal defense.

I do not see how the police can succeed in

prosecuting her for DUI if they found her NOT in

her car, but in her home. She could very well

have driven home, and distraught over the car

accident and afraid to tell her parents, downed

a beer or two IN HER HOME after getting out of

her car. Since she does not have to testify

against herself one way or another, this should

be a fatal defect to any DUI charge. However,

Fairfax judges typically sleep through such

trials and then wake up at the end and

say "guilty!" regardless of the law or the

evidence. (I have seen it.) Therefore, what

she will have to do is face a trial in general

district court, APPEAL IT and DEMAND A JURY,

and then go through it a second time and get a

jury to hear the case.

As to your liability, whether or not your

daughter was drunk while driving CAN affect your

financial liability. IF she is found guilty, it

will make a civil lawsuit easier for them to win

against her (you).

The scenario you describe is a classic "frolic"

situation. Your daughter was allowed to use a

company truck, but only for company business.

Had she been on the job, you WOULD be legally

liable for accidents during the course of your

company's business. But if a worker goes on a

"frolic" off the clock or away from their work,

then the employer is NOT financially liable.

This will be very fact-dependent, however, and

will change very dramatically based upon what

actually happened, exactly. Therefore, it could

go either way depending upon what facts are

proven in any trial (or predicted in settlement

talks).

You should refuse to pay, however, because it is

very doubtful that you are financially responsible and they would have to prove it in court. There is no way to determine this for

sure short of a trial. NOTE, however, that it is THEIR burden of proof to prove that you are financially liable. You don't have to prove that you aren't.

Re: accident on private property

The aggrieved one's claim (meaning the guy whose truck was hit)is against your daughter and her insurance carrier and not you since she, apparently, was using the company truck in

a manner that was not approved by you and after hours when it was suppose to be parked at the company site.

You should give him a very explicit instruction

on this particular point, preferably in writing.