Employer Liability in a Car Accident

Employer Liability in a Car Accident

By: Heath C. Murphy + – Personal Injury

When Does the Employer Become Liable for an Employee’s Car Accident

If you have been involved in a car accident caused by someone who is working there are two basic ways in which the employer may be held liable; active negligence or vicarious liability. Active negligence can either be negligent maintenance of a company vehicle or negligent hiring or supervision of the employee.

1. Negligent Maintenance of Company Vehicle – The employer is required to take reasonable care of the vehicles which they put on the road. Examples of negligent maintenance might include, bad brakes, bad tires or improper loading.

2. Negligent Hiring or Supervision – The employer also has a duty to hire qualified personnel and to supervise their employees in a non-negligent manner. Examples might include hiring a truck driver without a CDL license or allowing drivers to drive beyond the lawful hours which they are permitted.

3. Vicarious Liability – To be held liable for the actions of its employees, an employer is not required to be negligent. Vicarious liability is a doctrine of law that basically asserts that employers are liable for the actions of their employees provided the employee is acting within scope of his employment. Simply put, if the employer sends an employee out to purchase supplies and the employee causes a car accident, the employer will be liable. If, however, the employee deviates from the employer’s directive and stops at home to take a nap and causes a car accident, the employer may not be liable.

Does it Matter Who Owns the Car?

It does not matter who owns the car for the purposes of establishing liability. If the employee is acting within the scope of his/her duties it does not matter whose car is being driven, the employer will face vicarious liability. The issue of whose car was driven may matter as to whether the employer’s auto insurance will pay, however. Obviously, if the employee is driving an employer owned vehicle, the employer’s car insurance policy will be available.

Contact Jones Law Group

Have you or a loved one been injured in a car accident? Contact an experienced St. Petersburg personal injury lawyer at Jones Law Group today. When you contact our office we will immediately set an appointment where you will meet your attorney and be provided with his/her personal contact information. If you do not have transportation or you cannot drive, your attorney will travel to meet you and discuss your case with you. We understand traumatic brain injuries and the issues that they can cause in your daily life and our law firm will always work to make sure you are compensated fairly.

Whether you were a pedestrian, a bicyclist, or the occupant of car, motorcycle or boat and have been injured in an accident, you should immediately call an experienced personal injury attorney in St. Petersburg at Jones Law Group at (727) 571-1333 during regular business hours or (727) 753-8657 on weekends or after regular business hours. We will evaluate your case for free and you will never pay us a dime unless we recover compensation for your injuries.

Jones Law Group
5622 Central Avenue
St. Pete, FL 33707