[AZ] Can a transportation company be held liable for sending an unvetted driver who texted while driving?

AZ Personal Injury

Jon

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What happened to you was serious, and you have every right to be upset about it. A distracted driver on a long highway trip creates a real danger, especially when the transportation was arranged through a VA-funded contractor that is supposed to follow professional safety standards.

Legally, an Arizona attorney would likely look at this under negligent hiring and negligent retention laws. If the transportation company allowed an untrained or unapproved non-employee to drive passengers, the company could potentially be held responsible for unsafe hiring practices. The fact that the owner allegedly admitted they plan to continue using the same driver may also strengthen a negligent retention claim under Arizona tort law. Texting while driving is also prohibited under Arizona's hands-free law (AZ Rev Stat § 28-914), which can serve as evidence that the driver failed to act with reasonable care.

As for compensation, Arizona law can make emotional distress claims difficult when there was no physical crash or bodily injury. An attorney would likely evaluate whether the facts meet the requirements for Negligent Infliction of Emotional Distress or Intentional Infliction of Emotional Distress. Because you described a near high-speed collision, the issue would be whether you were placed in an immediate "zone of danger," which Arizona courts often require for these types of claims. Even if a personal injury lawsuit is challenging without physical injuries, you can still push for accountability. You should report this directly to the VA Patient Advocate for the Northern Arizona VA Health Care System or the Phoenix VA Health Care System and request a formal investigation into the contractor's safety practices. Keep in mind that Arizona generally allows two years to file a personal injury lawsuit under (AZ Rev Stat § 12-542), so timing matters if you decide to pursue a claim.

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Hello, I am a Veteran and do not own a car or any vehicle. Because of this I have to rely on professional drivers. Recently, my scheduled ride with a driver from Kingman, Arizona drove me to my appointment in Flagstaff, Arizona which is about 3 hours away. My ride was scheduled through the official Veteran's Administration ride office. The company that drove me to my destination did not schedule my ride with an employee of their company. Because the business owner was over booked, he asked his neighbor, who is not his employee to provide my ride. *The driver is not an employee of the company, only the business owner's neighbor. The driver caused me to fear for my life due to his constant texting. The driver had other personal business that he wanted to attend to which caused him to continue to text with another person. He really scared me. I did call the company and the VA ride scheduler and told them about my concerns regarding this unprofessional non-employee driver. I was very scared and told the driver to stop texting. I also told the driver that he was scaring me and to stop texting, which he did not stop.

Lexi, Chatbot

I'm sorry to hear about your frightening experience during your ride; that must have been very distressing for you. Can you tell me if you reported this incident to any authorities or organizations besides the company and the VA ride scheduler?

I do not know who else should be contacted. I was very disappointed by the company owner and the VA ride scheduler. The owner told me that I would not have to ride with that driver again, but indicated that he would continue to use this man to drive for him. I am concerned for other people/veterans who will have to ride with him as their driver. I am also concerned that the owner indicated that he will continue to use that driver, although he is not an employee. And, the VA scheduler did not indicate the degree of concern that I believe the situation warranted.

Lexi, Chatbot

Have you experienced any physical or emotional effects from this incident that you feel are important to mention?

I am still very upset about the experience and feel fearful that I can not trust the VA ride scheduler nor the company that is providing the rides. I have been very upset and nervous for this last week. I can't stop thinking about it. The driver was so involved in his texting that he got very close to the back end of the vehicle ahead of him. That car was in the far right hand land and was driving slow. The vehicle in front of that car was also driving slow.... they may have been driving 45-55 mph. My driver was approaching the back of the driver in front of us at a faster rate than the car was driving. So, we were gaining on that car very quickly. Thankfully, he looked up before he rear-ended that car. It was terrifying. My driver had to quickly slow down in order to avoid rear-ending that car. He said something... "Oops" or something like that to indicate that the situation was dangerous.

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your safety concerns.

No.

Jon

Hello, and thank you for reaching out! I'm Jon, a licensed attorney with over 14 years of experience, here to help. I understand legal matters can feel overwhelming, but you're in good hands. My goal is to explain things clearly and guide you toward the best possible solution for your situation. Just a quick note: our conversation is for general legal information only and does not create an attorney-client relationship.

I'm really sorry to hear about your experience. It sounds very distressing. Are you considering taking any legal action, or are you looking for guidance on how to proceed with this situation?

I would like to take legal action. When a professional driver and ride service puts a client at risk, they must be stopped.

Jon

Thanks. Could you tell me what specific legal outcomes you are hoping to achieve by taking action against the driver and the company?

I understand this situation is quite concerning. Could you share if there were any witnesses or other passengers during the ride who might be able to support your account of what happened?

I would like legal acknowledgement of the situation that caused me to fear for my life. I also believe that the ride service should be legally reprimanded for sending a non-employee/non-professional driver to provide service to me or any client. I would also like for the VA scheduling department to reprimand the service and not allow any non-professional staff to drive VA clients to any appointments. And, I would like for whatever compensation that I may be due.

Jon

Got it, thank you for sharing that. Do you have any documentation or evidence, such as emails, texts, or photos, that could support your claims about the driver's behavior or the company's actions? Also, have you had any further communication with the VA scheduling department or the ride service company since the incident? If so, what was discussed?

There were no other passengers or witnesses.

Jon

Understood! I believe I have all the information I need. Is there anything else you'd like to add before I start working on your answer? If not, I'll get started right away.

I talked to the VA scheduler and the owner of the company. Other than my phone calls I have no other proof.

Jon

Got it! I just need a few minutes to put together a complete response for you. It shouldn't take longer than about 4 to 5 minutes, and I want to make sure it's clear and comprehensive. Thanks so much for waiting. I really appreciate your patience.

Jon

Jon

Make it clear that a VA-funded contractor allegedly outsourced transportation to an unvetted civilian driver who engaged in distracted driving that nearly caused a serious accident.

You can also file a complaint with the VA Office of Inspector General because this may involve contractor misconduct and misuse of government transportation arrangements. The VA OIG Hotline is available at https://www.vaoig.gov/hotline or by phone at 1-800-488-8244.

It is also important to document everything while it is fresh in your memory. Write down the date, times, route, vehicle description, the driver's name if known, what the driver was doing, and exactly how the near-collision happened. Your written timeline may become important evidence for investigators or an attorney later.

If you decide to speak with an Arizona personal injury or consumer protection attorney, provide them with those details. Even if financial damages are difficult to recover without a physical collision, an attorney may still be able to send a formal demand letter or cease-and-desist notice to the company and the VA contractor administrators to force the issue to be formally addressed and help protect other veterans from a similar situation.

Okay, Thank you.

Jon

You're welcome! Did that help clear things up for you? If you have any other questions or need more help, please don't hesitate to ask!

I do hope the information I provided was helpful and addressed your question. If there's anything else you need, please don't hesitate to reach out. I'm always happy to assist.

Okay, thank you, bye.

Jon

You're so welcome! I'm thrilled I could help. Don't hesitate to reach out if you need anything at all!

Jon

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