Employer liability in vehicle accident cases | Sodhi Law Group
Employers can be held accountable for accidents caused by the negligence of an employee while driving a vehicle, owned by the company or a personal vehicle, while on the job. Employer liability applies to any kind of business, private or corporate and even a public service agency. Whether the injured victim is a pedestrian walking, the driver of another vehicle or a passenger in the vehicle involved in the accident. Also, this can apply to a passenger inside the vehicle that the employee was driving, personal or company-owned.
Lawsuits can be brought upon Employers for any injuries or damages incurred due to the accident. This considered a vicarious liability. This gives a victim the right to sue an employer for damages and/or injuries if the accident is caused by their employee.
However, when an employee uses a personal vehicle an Employer can choose to assist the employee with his/her deductible if covered by their insurance or cost of repairs on the vehicle. Most of these types of accidents will go through the employees insurance first since it is a personal vehicle being used. Then If the employee does not have enough coverage the remaining coverage may fall upon the employer.
Furthermore, if the employee is injured due to the accident, depending on their insurance coverage, their insurance would be used first. After that, if there is any remaining coverage needed the employee can be eligible for workers’ compensation that would help with further injury costs and lost wages. An employee is eligible as long as they are on the clock and driving a vehicle for work purposes only.
There are some situations that an employer is in no way held liable. One is if the employee is on a commute. Another is If the employee is on lunch or a break and running an errand on the employees own time. It is not always easy to prove that the employee was, in fact, performing work-related duties while driving the vehicle. If the employee was making a personal stop after completing the work-related task the employee could not make a claim against the employer.
If you or someone you know has been involved in an accident caused by someone who was “on the job”, contacting an experienced attorney can help guide you through the process. Vehicle accidents are already complicated, not knowing how to proceed or who to talk to is even harder if an employee and employer are involved. Let an attorney work for you to get the compensation deserved in an efficient manner.
FOR Employer Liability in Vehicle Accident Cases – contact sodhi law group today.
The Sodhi Law Group is a highly successful law firm located in Modesto, California. We specialize in Criminal Defense, Civil Litigation, Personal Injury, Contracts and Transactions, and many other legal services. Jak Sodhi, Ameet Birring, and their team of professionals offer more than 20-plus years of legal experience and over 90% successful court cases since 1999*.
This blog does not create an attorney-client relationship. This blog is legal information and should not be seen as legal advice. You should consult with an attorney before you rely on this information.
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