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Carlos: Hi Jason, I got in an accident with a van that belonged to a paint company. The police report says the driver had been drinking. Who would I sue in this situation – the driver or the company?

Jason: Carlos, I’m sorry to hear you were in an accident. To answer your question, it’s possible that you could sue both the driver and the company that owns the vehicle. If the driver was served drinks at a bar or restaurant, it may be possible to hold that venue responsible too – but I would need more details about your case before I can give you a definitive answer.

Carlos: Oh, I didn’t realize that – thanks. Could I still sue the company even if he was already off for the day?

Jason:  If he is operating a company vehicle, then yes it is possible, but we would need to determine why he was still in the vehicle. Was he running errands that were related to work? Or did the company allow him to keep the truck after hours?

Carlos: How would we find that out?

Jason: The police report may give some insights. During the discovery process we can request access to company records for that day. We can also look into things such as vehicle training and negligent hiring practices on the company’s part.

Carlos: What do you mean by negligent hiring practices?

Jason:  For example, if the driver had a previous record of drunk driving and was still hired and allowed to operate a company vehicle, then we could have a case against the company for negligent hiring practices.

Carlos: Okay, I get it. So what should I do next, Jason?

Jason:  Carlos, I can take a look at your case – let’s set up a time to discuss it in more detail to see what our next move would be. No charge to you. If I take on this case, then you only pay if we get a settlement or jury award. Why don’t you look at your schedule then call me on my cell phone and let’s setup a time to talk.

Carlos: Thank you, Jason!

DeSouza Injury Lawyers is a leading personal injury firm representing accident victims throughout Texas.

If you’ve been injured by a car, truck, 18-wheeler, company vehicle, or in the oilfield, call Jason DeSouza personally today at 210-591-9777 or 361-799-2222 or visit the firm online at

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