Asked by the Customer on 04-11-2019 11:02:01
Question posted in the General Law category relating to Free State
My name is Tumelo Morabe Godfrey, in reference to a mentioned subject, I have an attorney who is currently busy with the case but I need a neutral opinion. I was involved in a car accident whereby my car was bumped into at the back by another driver who happened to be under the influence of liquor and he bumped into my car at the speed hump driving a Truck (Code 10). The driver was taken to a nearby hospital by the police for testing alcohol and the results came back testing positive.
The sad part on my side is that I was driving with my learners license without a supervisor and for that reason I was given a fine and he was charged with drunk and legless driving. So I have opened a civil claim (vicarious liability) against the employer of the driver but however they have challenged my case stating that the drive was not on duty at the time of accident and he was no longer their employee while the drive claim that it is both our mistake for accident to occurred.
SO I need a legal opinion which is neutral on this matter regarding the prospects of this case, do I have a strong case against the company or not and will it be a good advise for me to continue with the case?
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