Question

You may have heard about the accident where a truck driver driving a Wal-Mart truck rear ended a limo bus injuring comedian Tracy Morgan and killing another comedian, James McNair. Do some internet research to learn about this accident and cite your sources. Your task in this discussion is to consider the relationship and liability issues, specifically related to the agency relationship between the truck driver and Wal-Mart. I want you to show that you understand the implications of an agency relationship, if there is difference if the truck driver is an independent contractor vs. an employee, whether it matters if the act that caused harm was negligent vs. intentional, etc. As always, please read all of the other student posts before you post and try to find a point that hasn't been completely explored already.

Answer 1

Answer:

We have heard about the accident between the Wal-mart truck and the limo bus which resulted in seriously injured actor Tracy Morgan and another comedian James McNair was killed in the accident. The major fault was of the driver of Wal-Mart truck driver who made this accident and had serious issues for the travelers. Comedian Tracy Morgan was seriously injured in the accident and another comedian James McNair were killed.

The liability Issue: Since the Wal-mart truck driver had done the accident, as proven by federal agency who involved in the case investigations.So the fault is of truck drive of Wal-mart.

Since the driver was an employee of Wal-mart and he is performing his duty when this accident was happened. So as per the Tort law of negligence, the liability will be of the employer for the accident. Thus Wal-mart will have the liability for the truck bus accident which was happened due to the driver of Wal-mart.

So here the key point is that it falls under the tort law and as per tort law, the employer i.e. Wal-mart is liable for penalties for the accident as the driver is the employee of the Wal-mart.

This is not a case of independent contractor because the driver is not an independent contractor with the Wal-mart. he is the employee of Wal-mart company.

This is the case of negligence because driver has not carried out the accident intentionally, but the accident was happened in negligence of the driver. Thus it falls under the negligence category