Cal. Civ. Code § 3333.7

Cal. Civ. Code § 3333.7 – Motor Carriers

3333.7.  (a) Notwithstanding any other provision of law, any person
who suffers injury that is proximately caused by the driver of a
commercial motor vehicle shall be entitled to recover treble damages
from the driver's employer where it is shown both that the driver of
a commercial motor vehicle was under the influence of alcohol or a
controlled substance at the time that the injury was caused and that
the driver's employer willfully failed at the time of the injury to
comply with any of the requirements of federal law described in
subdivision (a) of Section 34520 of the Vehicle Code in regard to the
involved driver.
   (b) For the purposes of subdivision (a), "willfully failed" has
the same meaning as "willful failure" as defined in paragraph (3) of
subdivision (c) of Section 34623 of the Vehicle Code.
   (c) For purposes of subdivision (a), an "employer" is a person or
entity who employs the driver or who contracts with an
owner-operator, who meets the requirements set forth in subdivision
(b) of Section 34624 of the Vehicle Code, to provide transportation
services, and who is required to engage in mandatory substance abuse
testing pursuant to subdivision (a) of Section 34520 of the Vehicle
Code. This subdivision shall not be construed to change the
definition of "employer," "employee," or "independent contractor" for
any purpose.
   (d) Nothing in this section is intended to preclude or affect
existing rights.

No comments:

Post a Comment

You are welcome to submit your CV with your request to be considered as a reviewer and/or contributor for a particular State. Also, please notify us of information which you think needs to be corrected, refined, new links or additional resources you recommend be added in the Comments Section. Thank you for helping to improve this free resource.