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We have discussed safety, licenses, and equipment maintenance on this site for a long time.
I just ran across this site, and it makes it real clear that we really do need to be very attentive to safety and being completely legal.
http://www.truck-accident-lawfirm.co...al-Vehicle.asp
Knowing guys like this are out there and that we are a target doesn't give me a warm feeling.
Seems like a prudent time to evaluate our insurance liability and umbrella coverages......
A glorified ambulance chaser and I use glorified loosely.
Owning a Bus in an LLC is not just for tax advantages, it can be useful as a buffer from certain types of liabilities. One can even go to other steps, and add a family trust, and a second LLC as another set of layers.
The so called Montana LLC's can accomplish most of this, and if you make a concerted effort to operate your LLC as a real business it is even better.
There is no way to insure that you will not be sued by one of these creeps, but is does help.
You can go crazy with different layers, even have two LLC's, one that owns the Bus and one that leases the bus to the other. places you and your assets way back in the background. You will of course pay more for filings and have more paper work, but if you are concerned about the legal predators then its a must.
If you go the route of having a Leasing company and a main holding entity, it would be wise to have a real lease agreement to operate the bus, or even a rental agreement. If you are ever in an accident you could state that you are renting the vehicle, and maybe even show a document.
There are of course problems with all of this, insurance etc, but it does provide additional layers.
Most good Law Firms know who to call at the local Police department to get records of traffic accidents.
If this thread makes you concerned, then its a must to evaluate your options.
If your personal assets make you concerned about a possible negative outcome from a traffic accident, then I would contact my lawyer and start the process, it does not need to be expensive and frankly if you have not the whole experience might well improve your overall asset protection plans.
Regards.
Bruce, as every pilot knows you can have your bus, plane or cars in a corporation or an LLC, and unless you have an unrelated driver behind the wheel or yoke, not only will the bus owner (the LLC) be named in the lawsuit, so will the driver personally.
And even if you are so concerned about liability to hire a professional driver, you may still get named because your personal responsibility was you hired the incompetent driver that was involved in the accident.
The only solution is a mega-buck umbrella policy.
The other side of the coin is that they will surely go after the holder of either the most assets or the largest insurance policy. After all, it's really only about the money and nothing else.
One reason that I only carry the driver's license that is required in Florida, and not a CDL, is that in the event that I ever have to be in front of a jury is that I want them to think of me as one of themselves, not a specialized or professional driver which they might be inclined to hold to a stricter standard.
Just want to be a regular guy just driving my camper.... just like they do ;)
And as the CA lawyer will quickly point out Mr. Paul is driving his 49,000 pound 45 foot long bus towing a car which makes his rig 65 feet long and he only has a driver license that makes it legal for him to drive the car he is towing. He can offer no evidence he is qualified to drive such a big dangerous rig, and his years of driving is only evidence that he is lucky he hasn't killed someone sooner.
You can't win because of the spin.
John is correct. You can have layers up the wazoo and your still going to be part of the feeding frenzy we call the legal system. I speak from experience, although it was real estate related.
There is no amount of layering, hiding or anything else that's going to save you if they are coming to get you.
I don't know how many of you from the rest of the world have heard about the "station night club" fire up in this area.
It happened a couple of years ago, basically it was a coconut grove style fire, lots of people and lots of fire, but no exits, in a hundred year old building.
Over a hundred people died.
The lawsuits from that event have been something to watch.
So far the sued the owners of the club,
the band that played that night,
the pyro guy who started the fire,
the people who installed the sound deadening that ignited,
the guy who sold the sound deadening,
the guy who invented it,
the beer company who sponsored the event,
the local tv station who was filming it,
the radio station covering it,
JBL speakers "because they were flammable",
anyone who ever worked on or installed anything in the building,
the town and the state of rhode island,
the company that built the building in the 20's.
You get the point that the list is staggering and they are not done yet, there was more lawsuits settled a couple of weeks ago.
Don't get me wrong, it was a crime what happened to these people, but, I kid you not, they sued the guy who built the building.
You can run but you cannot hide.
Remember mcdonalds "too hot" coffee.
ED, I wouldn't doubt that they are coming after you for posting that info.
Having been the recipient of Liability suits and also testifying for defense attorneys on claims against General contractors and Electrical Contractors, I have experienced the deluge of paperwork, discovery , and depositions. Not fun. The benefit of having appropriate Insurance as well as a Umbrella Insurance policy can not be over stated. At $360.00 per hour, attorney fees climb rapidly.
Make sure your covered!
Hows about the bank robber who robbed the California bank, gets handed the "dye pack", shoves it down his pants and hauls ass.
As he runs away, the pack deploys and he is subsequently apprehended, purple pecker and all.
Actually gets convicted (I have no idea how that happened). With time on his hands in the state run Hilton, he reads up and decides to sue the manufacturer of the dye pack!
A convicted felon, sues from prison from an incident occurring during the commission of a crime over mental anguish from having a purple pecker for a few days..
Amazing.
Oh, the lawsuits coming now! I would guess that half of the members have purple peters with hand prints.
Here's something I ran across this morning on the FMCA web page - it's of special interest to the POG members from Texas! http://fmca.com/index.php/motorhomin...e-requirements
So, I just found it a little interesting that the chart on this website, about driving privileges was close, but wrong. For someone who is supposedly an expert in this type of law in California, that is just a bit weird.
In specifics, they list that a Class C may drive any house-car. In CA a house-car over 40 ft requires a Class-B non-commercial, which is not even listed in the table of licenses. Strangely enough Class A and Class C non-commercials are listed.
ray