The employer is liable, both as the owner of the vehicle and as *respondeat
superior http://en.wikipedia.org/wiki/Respondeat_superior
<http://en.wikipedia.org/wiki/Respondeat_superior> . Also
see: 
http://smallbusiness.findlaw.com/liability-and-insurance/an-employer-s-liability-for-employee-s-acts.html
<http://smallbusiness.findlaw.com/liability-and-insurance/an-employer-s-liability-for-employee-s-acts.html>
.*

---

Robert F. Nagel, Attorney
Law Offices of Robert Nagel
[email protected]
www.nagel-law.com
Thirty on the Square, 10th Floor
30 W. Mifflin St., Suite 1001
Madison, WI  53703
608-255-1501 office
608-255-1504 fax
608-438-9501 cell


On Thu, Dec 12, 2013 at 1:12 PM, Robbie Webber <[email protected]>wrote:

> Thoughts and comments....
>
> First, great article. I appreciate you getting the issues out there and on
> the table. As to the topic of which you are writing and the specific case
> of Steven Rader (a neighbor of mine) .....
>
> Sad. Angry. Outraged. Puzzled. Demoralized. But still not surprised.
>
> Even thought one needs a license to operate a motor vehicle on the public
> roads, so the State appears to consider that activity something that
> requires special training and care, it appears that in practical terms, and
> even in a court of law, driving is not considered to be an an activity over
> which a person must exercise due caution. Failure to follow the law is
> simply a mistake, not a criminal activity. And if the case had gone to a
> jury, every member of that jury would feel "there but the grace of god go
> I."
>
> I am so tired of the excuse that even juries and prosecutors use that "It
> was a mistake." This guy already had another driving violation within the
> last two months! And we all know that getting fined only means you got
> caught. He's obviously a terrible driver if he got caught twice in two
> months. And he's an idiot. And he should never be allowed to drive during
> work hours again.
>
> Besides the vulnerable user law, maybe there should also be enhanced
> penalties for people holding commercial driver's licenses, or the employer
> should be liable (although that would be a civil suit rather than a
> criminal matter.) I would favor a presumption of guilt and automatic
> criminal charges where a person driving a commercial vehicle kills or
> causes incapacitating injury. Seriously, isn't responsible driving the
> least we can expect from people holding a professional license to drive?!
>
>
> Robbie
>
> On Thu, Dec 12, 2013 at 12:31 PM, Tom Held <[email protected]> wrote:
>
>> Hi all,
>>
>> I thought you would be interested in the latest on the Steve Rader case -
>> police have ticketed the tow truck driver.  I folded that news into a look
>> at the vulnerable user law.
>>
>>
>> http://theactivepursuit.com/vulnerable-user-case-tow-truck-driver-ticketed-in-crash-that-killed-cyclist-uw-computer-specialist/
>>
>> Please share your thoughts and comments on this topic.
>>
>> Tom Held
>> The Active Pursuit <http://www.theactivepursuit.com>
>>
>> _______________________________________________
>> Bikies mailing list
>> [email protected]
>> http://lists.danenet.org/listinfo.cgi/bikies-danenet.org
>>
>>
>
> _______________________________________________
> Bikies mailing list
> [email protected]
> http://lists.danenet.org/listinfo.cgi/bikies-danenet.org
>
>
_______________________________________________
Bikies mailing list
[email protected]
http://lists.danenet.org/listinfo.cgi/bikies-danenet.org

Reply via email to