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Is Commonwealth Dodge Liable for Fatal Wreck on Fern Valley Rd
Tragedy happened today in Louisville, Kentucky when a Dodge Challenger on a test drive from Commonwealth Dodge was involved in a fatal crash with a Mercury Sable. The two occupants of the Sable were both killed and the driver of the Challenger was arrested. According to some news reports, the Challenger may have been driven at a high rate of speed. Wave 3 news reports witness Rick Lee said, "I heard the car racing down through here and of course, they race down through here all the time, and it kind of got mine and my son's attention. When we got up to try to see the aftermath of what was going down the road, we heard an impact."According to the Courier Journal, a Commonwealth employee was a passenger on the test drive.
This leads to the obvious question. Can Commonwealth be held liable for the two deaths. I see two potential ways the dealership can be held liable. First, liability insurance follows the vehicle. This means that the owner of the dealership must provide liability insurance for every vehicle on its lot. So, even though a Commonwealth employee wasn't driving, the dealer's auto insurance will still have to provide coverage.
The second cause of action against Commonwealth Dodge could be filed based on the conduct of its employee that was on the test drive IF it can be proven that the salesperson allowed the driver to speed or drive in a reckless manner. The dealership would be liable under the theory of respondeat superior, a legal term that means the employer is liable for the actions of its employees. Here, the dealer's Commercial General Liability (CGL) policy would provide coverage.
Here, it will be important to obtain as many witness interviews as possible as soon as possible. Unfortunately, memories fade and stories change the farther away in time interviews are conducted.
Hans
p.s. As a side note, this story was of particular interest to me because at age 18 I test drove, and wrecked, a Toyota MR2 while on a test drive. Fortunately, no one was hurt.
2 Comments to "Is Commonwealth Dodge Liable for Fatal Wreck on Fern Valley Rd"
I TEST DROVE AN 09 CHALLENGER SRT8 BUT WE TURNED RIGHT ON FERN VALLEY ROAD AND MY SALESMAN SAID OPEN HER UP AND SEE WHAT SHE'LL DO I ALSO WAS RUNNING ABOUT 90 OR SO BUT IT WAS ON A SUNDAY MORNING DOWN THAT BUSINESS SECTION ON THE ROAD THAT COME BACK INTO THE SIDE OF THEIR DEALERSHIP. ALSO I ASKED ABOUT MILITARY DISCOUNT AS I AM RETIRED. THEIR REPLY WAS WE MIGHT BE ABLE TO TAKE A 100 DOLLARS OFF OF FINAL TOTAL. REAL AMERICAN. YOU ARE RIGHT THEY HAVE NO PEOPLE SKILLS. THE ONE WAITED ON ME WAS SMOKING AND SMELLED LIKE A BREWERY FROM THE NIGHT BEFORE OR IT MAY HVE BEEN THAT MORNING. WHO KNOWS.
Posted by SEAN R. HALL
on July 25, 2010 at 08:37 AM
A few years ago I was tangentially involved in negotiating a high - low for a dealership in NW Indiana that had a similar occurrence. This fact scenario is all too common. People test drive cars and they are not used to the car.
In the situation that I was involved, a guy and his girlfriend test drove a car with the salesman in the backseat. There was some testimony that the salesman told the driver to "gun it" at a stop sign. The driver lost control, wrapped the car around a tree, and his girlfriend became a paraplegic.
The plaintiff was a beautiful girl whose life changed forever in that instant.
The verdict was within the high-low agreement, somewhere around 7.8 million. The insurance company for the dealership made a huge mistake in defending the matter. They brought in an out of state defense attorney who was also a paraplegic, which turned the jury's stomach.
My heart goes out to all parties involved.
In the situation that I was involved, a guy and his girlfriend test drove a car with the salesman in the backseat. There was some testimony that the salesman told the driver to "gun it" at a stop sign. The driver lost control, wrapped the car around a tree, and his girlfriend became a paraplegic.
The plaintiff was a beautiful girl whose life changed forever in that instant.
The verdict was within the high-low agreement, somewhere around 7.8 million. The insurance company for the dealership made a huge mistake in defending the matter. They brought in an out of state defense attorney who was also a paraplegic, which turned the jury's stomach.
My heart goes out to all parties involved.
Posted by Guy S. DiMartino
on August 27, 2009 at 07:22 AM
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