Many people spend 2,000 hours or more a year driving company vehicles as part of their jobs. However, each year in the United States there are over six million automobile accidents. That means no matter how good a driver and how careful they are, people whose jobs require them to drive are at a higher risk of being involved in an automobile accident. For those people, the question of whether or not employers are liable for the auto accidents of employees is an important one worth considering.
Who Is Liable
The driver responsible for causing an automobile accident is usually liable for any damage the collision causes. However, if that person is driving as part of their job or driving a company vehicle, determining who is liable for the repairs can be complicated. An experienced automobile accident attorney can help the employee who was driving understand the role negligence plays and whose insurance company has the responsibility to repair the vehicles involved in the accident and paying settlements. The attorney can also let them know if they qualify for benefits from workers’ compensation.
When The Employer Is Liable
Vicarious liability doctrine states, the employer is liable for the actions of an employee, including an automobile accident, if those actions were undertaken within their employment’s scope. The employer is also liable should it be while working and performing tasks they were hired to do when the employee gets into the accident. Plus, when the accident occurred, if the employee was performing activity from which the employer benefited, then the employer is liable. The employer’s insurance company may be required to cover the cost of repairing all vehicles and property and medical care for injured parties.
An In-Depth Evaluation
Determining liability in an automobile accident requires an in-depth evaluation of all pertinent facts. While there is a general guide for how accidents are to be handled and liability assigned, in reality, the unique circumstances involved in each accident claim must be evaluated. That can impact which party is considered liable for any damages caused and injuries suffered as a result of the accident. An experienced accident attorney will be able to use their resources to conduct the investigation and evaluation of the facts related to the accident and get the good information they need to best represent their client. For workers to get the compensation they deserve after an accident in a company vehicle, making sure to hire an experienced accident attorney and making sure they have all the accurate information they need is vital.
A Thorough Investigation
After a thorough investigation of the facts related to the accident, if it’s determined that the vicarious liability doctrine can be invoked, responsibility for any expenses related to the accident falls on the employer. An experienced accident lawyer can ensure that the employee involved in the collision and their insurance company is not liable for damages to the vehicles involved or any injured third party. All of this is the responsibility of the employer if the employee was taking care of their employment duties at the time that the accident occurred.
What The Employer Must Cover
In cases where the employer is deemed liable for any and all damages related to an accident that happened while an employee was driving for work purposes, the insurance company of the employer may have to cover several related costs. Those costs include medical bills, out-of-pocket expenses like bandages, medications, crutches, as well as all other items that are required to treat the injured party. The employer’s insurance company may also have to pay for the lost wages of the employee and anyone else injured in the accident. Plus, they may be liable for payments related to the pain and suffering of all parties involved in the accident.
When The Employer Is Not Liable
Vicarious liability does not cover all accidents an employee has with a company vehicle during work hours. Some exceptions to the vicarious liability rule where the employee is held responsible for the costs related to their automobile accident do exist. For example, if the employee was taking care of a personal errand when the accident occurred, they may be considered liable. If the employee was committing a crime at the time of the accident, they are liable for the cost of all related damages from the accident. In those and other instances it doesn’t matter if the accident occurred in a company vehicle during work hours.
Other Exceptions To Vicarious Liability
There are other instances where an employer may not be considered liable for automobile accidents in which an employee and a company vehicle are involved. One such instance is if the accident occurred while the employee was travelling to work. Even though the employee was in a company vehicle when they were involved in this type of accident, the employer may not be liable because typically an employee’s commute is not considered to be part of the scope of their employment. One exception to this rule may be if the commute was made while on a business trip. A skilled, knowledgeable, accident attorney can help determine and protect the employee’s rights.
Workers’ Compensation After An Accident
An employee can only qualify for workers’ compensation if the accident in which they were injured was work-related. It doesn’t matter who was at fault in the accident if the employee was driving as part of their work duties when the accident occurred; they are entitled to workers’ compensation. This can cover medical bills, lost wages and other expenses related to the accident. If it’s determined a third party was responsible for the accident and resulting damages and injuries, the employee may be entitled to compensation from two sources. They can get workers’ compensation as well as compensation from the insurance company of the negligent driver who caused the wreck.
Determining liability in an automobile accident that occurs in a company vehicle while the employee is at work can be complex and challenging. Automobile accident attorneys have the training and resources that can help. Call one right away if you are involved in a work-related automobile accident. They can help you get all the compensation to which you are entitled. It’s important to make the call right away. If you hesitate, evidence could be lost and it will make your case more difficult to adjudicate, and end up reducing the size of your settlement, costing you money.
