Community › Forums › Legal Advice India › My driver was drunk while on duty and driving my car
- This topic has 10 replies, 7 voices, and was last updated 1 year, 2 months ago by
Desisuresh7204.
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MMightyfox9406
PARTICIPANT
April 1, 2025 at 12:55 amAs the owner of my car, what could happen to me? The police caught him on the road in front of my house so I was able to show up and collect the car without the need for it being towed. The driver was immediately terminated once we found out what happened. He tested 170 on the breathalyser. His license was taken away but he was not arrested. -
AAlphabro1965
PARTICIPANT
April 1, 2025 at 2:11 amThink about the worst case. The police could claim you knowingly handed over the keys to someone who was drunk and therefore have ultimate liability. Just prepare a defence for that narrative.-
MMightyfox9406
OP
April 1, 2025 at 9:11 amwhat could be the defense? he had been referred here from a driver who was already working here. He had never shown signs of being drunk before and even when he was caught, the passengers in the car ( my sister who was being picked up from the airport ( she lives in new york)) noted that there was no sign of him being drunk, he drove very steaily-
DDesisuresh7204
PARTICIPANT
April 1, 2025 at 1:47 pmHigh functioning alcoholic ๐
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MMightyfox9406
OP
April 6, 2025 at 10:23 amWould statements saying that he didnโt look drunk and that in however long he had been with us he had not shown any signs of being drunk work?
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UUrbannadia6400
PARTICIPANT
April 1, 2025 at 3:52 amNAL.
Logically it should be the driver at fault.
just like If a sober driver causes an accident, it is the driver’s fault – not that of the passengers or owner.-
AAniketstar740
PARTICIPANT
April 1, 2025 at 7:59 amNot really. If the driver is a minor or driver doesn’t have any license or driver is drunk, the owner is liable. That’s why you should be very careful while handing over your car keys to someone.
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CCoolknight1377
PARTICIPANT
April 1, 2025 at 6:39 amAs the owner of the car you can be liable. Also if you are in the car with a drunk driver and there is an accident resulting in death of another person, then “all those who travelled along with him/her can also be prosecuted for the offence of culpable homicide not amounting to murder, since they would become abettors of the offence, the Madras High Court has held.” 2022-
MMightyfox9406
OP
April 1, 2025 at 9:07 amnothing bad happened
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KKalyanishark15
PARTICIPANT
April 1, 2025 at 2:21 pmYou may be held vicariously liable. Essentially a relationship between an employer and employee, the employer may be held liable for something that the employee does in the course of his employment.-
MMightyfox9406
OP
April 6, 2025 at 10:19 amAgain, if no one got hurt and he was the one driving, how would it be my fault?
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