I Was Hurt in a Car Accident. Can I Sue the Driver’s Employer?
When you’re injured in a car accident through no fault of your own, you want to know that there’s legal recourse for your injuries. You shouldn’t be saddled with medical expenses, lost income, and physical pain because of someone else’s negligence or recklessness. But if you shouldn’t, who should?
If the driver of the other vehicle was working at the time of the accident, or driving a commercial vehicle, you may be able to seek compensation from the driver’s employer. Working with an experienced motor vehicle accident lawyer can be the most effective way to find out for sure. Here are some of the considerations that may affect your legal rights in that situation:
Was the driver of the car in a company vehicle at the time of the accident? If so, regardless of whether or not the driver was on the clock, their employer may be partially responsible for your injuries. If you’ve been involved in an accident, take the time to check the vehicle. If it’s a company vehicle, snap a couple of pictures, if you’re physically able. Often, drivers in company vehicles are traveling to or from work at the time of the accident, rather than being on the clock; however, the company may still be liable.
Drivers on the Clock
A driver doesn’t necessarily have to be in a company vehicle for the company to be responsible for your injuries. In some cases, the driver might be completing work duties at the time of the accident. This can include running errands for their employer in a personal vehicle, driving to an off-site location to complete work responsibilities, or simply heading out to pick up lunch for every member of the team. Any time a driver is working for an employer at the time of an accident, that company may be partially liable for damages that occur as a result of that accident.
Companies With Unsafe Policies
If the driver who was responsible for your accident was “on the job” for an employer at the time of the accident, the employer’s policies may come into play as part of the analysis of the employer’s liability. Trucking companies, for example, need rules that will help prevent drivers from spending too many hours behind the wheel, while other companies may need to set clear rules for their employees about driving speed and use of technology on company time.
Employers may also be held liable if an employee has a known record of irresponsible driving or has been involved in accidents in the past. An employer’s knowledge of an employee having repeatedly driven while intoxicated, medicated, or fatigued can be especially critical in determining the employer’s liability.
Consulting with an experienced car accident lawyer can give you a better idea of whether or not the other driver’s employer bears liability for your injuries. Ready to get started? Contact Tenge Law Firm, LLC, today or dial (303) 665-2929 to schedule a free consultation.
Todd is very thorough, diligent and knowledgable in his litigation skills and also exhibits professional decorum with clients and defense counsel.
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