I’m going to start driving for a ride-share company. Do I need to form an LLC to protect my personal assets in case I get in a wreck and get sued?

LEGAL CORNER

KPLC 7News at Noon - Sept. 11, 2019 - Pt. II - clipped version

LAKE CHARLES, La. (KPLC) - Submit your questions to news@kplctv.com. Civil matters only, please.

QUESTION 1: I’m going to start driving for a ride-share company. Do I need to form an LLC to protect my personal assets in case I get in a wreck and get sued?

ANSWER: Forming an LLC (Limited liability company) will not shield the driver from personal liability. LLC’s are separate juridical persons or entities. They have their own tax Id no. and their own assets. So, when an LLC causes harm to someone, only the assets of the LLC are exposed to being seized to pay for the damages WITH ONE EXCEPTION, and that is that the person who actually causes the harm, the tortfeasor, the wrong doer, can always be sued personally. So, if the driver of a ride share company is at fault in causing a wreck, the victims can sue the ride share company, and the driver. Generally, the ride- share company will have ample insurance to cover wrecks. Before going to work for the ride-share company, the potential driver should get a clear undersigning of insurance, liability, and whether there is a contractual obligation for the driver to reimburse the ride-share company for any damages he or she causes.

QUESTION 2: I saw “Constitutional Day” on my calendar. What is that?

ANSWER: Constitutional Day is the recognition of the anniversary of the signing and ratification of the U.S. Constitution. It happened on September 17. 1887. This coming Tuesday our Constitution will become 232 year’s old. It is our foundational, governmental document and ultimate source of governmental authority for the United States of America, and is the model document for self-governed nations. Constitution Day is also day that celebrates American Citizenship. Many immigrants become citizens and go thrugh citizenship ceremonies on Constitution Day. Its roots go back to the 1940’s. It was celebrated unofficially for many years. It eventually became recognized by the US Government in 2004. An interesting article on its back ground can be found at https://www.constitutionfacts.com/us-constitution-day/history-of-constitution-day/

All week next week the Law Center will be celebrating Constitution Week on KPLC Salutes with three-minute segments wherein we talk about the importance of the Constitution and the SWLA Law Center in helping the citizens of SWLA gain access to justice.

QUESTION 3: If I’m playing golf, and I accidentally hit someone with a golf shot, can I be sued?

ANSWER: Unless the person who is swinging the club is deliberately trying to hit the other golfer, or if he is grossly negligent, then the golfer who is swinging the club is not liable. In all sporting events, there is a general policy-rule called “assumption of the risks.” When you participate in a sport, you assume the risks of injury that associated with the sport.

A fun tongue-in-cheek article ABA article on golf and the law can be viewed at https://apps.americanbar.org/buslaw/blt/2008-03-04/minan.shtml.

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