Law of negligence determines who is responsible for a car accident. Sometimes it is clear, sometimes it is shared and in some instances it can be complicated if one of the drivers is utilizing a company owned vehicle.
A drivers actions, such as their speed and attentiveness, are usually things taken into consideration when an accident occurs. However, if they were in a vehicle owned by a business, and entrusted to operate that vehicle safely, then the business may also be negligent. It is often difficult to prove and may take a lot of investigative work, but if you were injured in an accident with a company car then a car accident attorney may be able to help you recover the damages to both you and your vehicle.
If you are in an accident with a company owned vehicle, a pizza delivery vehicle for example, one can only assume that the driver was acting on behalf of the pizza company, thus making the
business liable vicariously. By hiring the driver and offering them the use of the vehicle they shoulder the burden of his actions while he is representing them. On the other hand, if after making a delivery, he stops by his girlfriends’ house and hits your car while leaving, the employer may no longer be considered responsible for his actions.
Even if the driver is reckless or grossly negligent, such as being under the influence of drugs or alcohol, if he is in an employers’ vehicle and acting within the scope of his job, then the employer can be held liable. Case in point: A Missouri employee driving a pickup for a tire company attempted to pass another vehicle on a highway with little visibility. He crossed over the solid double yellow line on the roadway and crashed into another vehicle as he came to the top of the hill. Not only was the driver negligent in ignoring the no passing signs, he was also driving in excess of the posted speed limit. The injuries sustained by the driver of the other car were so severe that she had to spend a year in therapy in order to regain basic motor and cognitive skills. The tire company refused to admit liability and allowed the case to go to court. A jury, after hearing the evidence, awarded the woman $5 million.
There is very little an employer can do to protect themselves from these types of claims. One of the costs of doing business is to accept some of the responsibility for an employees’ actions while they are working. They should have policies in place and training in regards to their workers conduct, especially when a good portion of their work day is spent off site. Some companies will even go so far as to have an employee sign a waiver attesting to their impeccable driving record and releasing the employer of any liability. Such documents often do not hold up well in court.
The involvement of a third party in accidents involving a company owned vehicle make them more complex cases than a typical motor vehicle accident. In order to receive the maximum amount of compensation owed to you , you should retain an experienced car accident lawyer.
