If you were involved in a car accident while you or another involved party was on the clock, who is liable? The fact that at least one of the drivers involved in the crash was working when it happened can add confusion to the situation. This is because rather than two insurance companies duking it out to prove the other is liable, there are now three in the mix.
Different states have their own laws regarding liability in car accidents. Since each state and each accident is different, similar accidents could have vastly different outcomes depending on where you live and who was involved.
There are some generalizations that cross state borders and could apply to the majority of accidents. In this article, we’ll go over some of the basics of employee and employer liability after an auto accident.
When is an employer liable for a car accident?
As a general rule of thumb, if an employee is on the clock, the employer could be found at fault for any accident that occurs. Here are some examples of different potential situations and outcomes:
- An employee was on their way to or from work when they crashed, and their employer is not liable.
- An employee who was involved in a wreck while they were conducting official company business and their employer is liable.
- An employee is on their lunch break when they collide with another car, and their employer is not liable.
- An employee or another party is injured because the company vehicle was not properly maintained or had defective parts or was involved in an auto part or car recall, and the employer and/or a manufacturer could be liable.
Although fault can often be simple to determine, sometimes it is not so cut and dry. For example, if an employee is on their lunch break and gets in an accident, the employer would not be considered liable. If that same employee is running an errand for the business while on their lunch break and gets in an accident, the employer could be held liable.
What are the types of employer negligence?
When it comes to automobile accident liability, there are three main types of employer negligence. An attorney can help you determine which type applies to your case.
Negligent Supervision
If an employer fails to properly supervise their employees, they could be guilty of negligent supervision. In order to supervise their employees, employers should have proper workplace safety protocols in place and have a system to ensure that they are being enforced.
General Negligence
An employer could be found guilty of negligence for a variety of reasons, including negligent hiring or supervision of employees. If driving is part of a job description and an employer chooses to hire someone with a DUI record, they could be held liable if the employee drives a company car while under the influence.
Another example of negligence is if an employer fails to adhere to state or federal safety regulations, such as forcing employees to work more than the federal maximum hours or failing to keep company vehicles up to state safety standards.
Vicarious Liability
Vicarious liability is an umbrella that covers a variety of situations in which the employer can be found liable for the actions of their employees. Since an employee is a representative of the company while on the clock, the company could be held liable for the poor decisions of the employee even if the company was not to blame.
For example, if an employee is on company business, runs a stop sign, and gets into an accident, the employer could still be held liable under the umbrella of vicarious liability. A vicarious liability car accident complaint should be handled by a representative of the employer, most likely an insurance representative or a car accident lawyer.
If you’ve been injured in a work-related car accident and you believe your employer, the on-the-clock employee, or their employer was at fault, it is in your best interest to reach out to a lawyer who specializes in these cases. You’ll need to negotiate with insurance and file your case within the statute of limitations to have the best chance of getting a fair settlement.
By Sophia Lauren