Rachel is an employee of UPS and is responsible for deliveries in the DC metro area. Since joining UPS last year, Rachel has been a model employee. One day Rachel is driving her UPS truck along her delivery route and talking on her cell phone to her boyfriend. As Rachel reaches down for her hamburger, a GW student walks properly across the street and is hit by Rachel's truck. Rachel immediately puts the hamburger down, hangs up the phone, and stops to see if the student is okay. Assume Rachel and the student are injured in the collision.
A. Is UPS liable to the student? Explain.
B. Could the student hold Rachel liable instead? Explain.
C. In light of what she was doing at the time of the accident, would Rachel be entitled to receive workmen's compensation from UPS? Explain.
D. Suppose instead Rachel had her own trucking business, was not an employee of UPS, UPS hired Rachel as an independent contractor to make this one delivery, UPS gave her no instructions about how to drive, she was driving her own truck at the time of the accident, and the accident was her fault. What would the GW student have to prove to hold UPS liable?