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Am I responsible and can I be held liable.

Calabasas, CA |

I drive a shuttle for a company that has contracted with the City. I am going to perform my duties next week taking a group on a Progressive Dinner Party in which they will be served wine at 3 different locations.
At the end of the night I will be driving them back to their cars. They will then drive. If they are involved in an automobile accident and they have consumed to much alcohol could I be held responsible for taking them to their cars, knowing they had been drinking, and allowing them to drive.

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Attorney answers 5

Posted

You ask a very good question. If I were representing someone who was hurt by one of your former passengers because he or she was driving while impaired, I would look to your employer as a possible defendant, not you personally, but the risk and hassle of getting sued is something I'm sure both you and your employer would like to avoid. Can you ask your employer if it has considered this risk? I would do so, and I would ask very specifically whether it has confirmed with its insurance company that it would be covered if something happened akin to what you are worried about. Alot of policies have exclusions when the injury relates to alcohol use and abuse so your employer should not make any assumptions about coverage.

I hope this helps.

Posted

That is a very good question. I agree with the presvious comments. Hopefully nothing happens.

Posted

No

Posted

If you are entrusted with their keys, you may have some exposure. Otherwise I dont think you have a legal duty. Perhaps your employer should offer some options to customers, such as door to door service after the night out for anyone wishing to not drive. Perhaps allow passengers to leave their cars overnight without charge so they can either pay you to take them home, or call a cab from the drop off point. You can also offer your passengers at the end of the night to call a cab for them.

Asker

Posted

My job is to strictly drive them to each restaurant where they have food and wine (3 locations) and then take them back to where they parked their cars. My concern is that they have been drinking for 4 hours and then they will get into their cars and drive home.

Posted

Your employee would be exposed and if you knew they were under the influence and let them get in their cars, you may also be liable. Consider implementing some of the advice provided by mu colleagues. Best of luck

This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

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