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Lucy, Esq.
Lucy, Esq., Attorney
Category: Personal Injury Law
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If a man went to work for an employer as a driver and the driver

Customer Question

If a man went to work for an employer as a driver and the driver just had back surgery 2 months pryer , and the employer never drug tested and knew that the driver had been taking vicoden and valium . Then at the end of the day the employer buys beer before work is over and driver has an accident on the way home can the driver sue ?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Generally, no. An employer is not required to do drug testing of employees. The law would place the burden on the person taking prescription medications not to drink while using them. To recover, a person has to show that the third party caused the injury. Even if it could be established that the employer had a duty to check to see whether the person was still taking medication and then not provide alcohol or refuse to allow him to drink, the driver's choice to get behind the wheel of a car after mixing medication with alcohol would likely be considered an intervening event that supersedes any liability of the employer.

If there were some evidence that the employer physically forced a person to drink, with recent knowledge that the person was taking these medications, and forced him to drive at gunpoint, it's possible that there could be some liability, but that's not the situation you have described.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Lucy, Esq., Attorney
Satisfied Customers: 20993
Experience: JA Mentor
Lucy, Esq. and 3 other Personal Injury Law Specialists are ready to help you
Customer: replied 1 year ago.
Can he fire me for having the accident on the way home?
Expert:  Lucy, Esq. replied 1 year ago.
Employment is at will, so an employer can fire an employee for any reason. If the job requires a clean driving record, and the employee is cited or charged with DUI, the employer may be able to terminate employment.
Customer: replied 1 year ago.
What if he bought the beer and we were drinkink before end of work shift?
Expert:  Lucy, Esq. replied 1 year ago.
The employer still typically wouldn't be responsible, unless he forced the employee to drink. Even when an employer makes alcohol available, a person can still decline, and the employee is in a better position to know when he has taken medication and whether it is safe for him to drive.

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