Employer Responsibility in an on the Clock Collision

It is common practice for an injured party to file a claim with the trucking company when involved in a collision with a commercial vehicle. The driver of the truck was most likely working at the time, and his employer, the trucking company, is responsible for ensuring that he followed the laws and drove safely.
This raises the question: Are other types of businesses also responsible for an accident if they send their employee out on the road? Real estate agents, for example, spend a good portion of their day driving from one home to another. If they blow through a red light and hit your car, can you file a lawsuit with their agency for damages? If you or someone in your family have recently been hurt by a driver who was driving within the scope of their work, then their employer may also be liable for your injury. Get in touch with a car accident attorney today and let them help you decide if bringing suit against them is a viable option.

It is a scenario that many employees face while on th

e job. A restaurant manager is sent to the supermarket to buy more tomatoes, or a secretary is sent out to get toner for the copy machine. The employer probably doesn’t even think twice about their driving record or skill. They assume that the employee will obey traffic laws and return to work without incident. If an accident does occur, it may fall under a doctrine of law known as vicarious liability.

With vicarious liability, the action of the employee is considered to be the same as the employer directing him. As long as the employee is performing a duty directed by their employer or supervisor, said employer may be just as liable for an accident as their employee. Determining whether or not a driver was acting in the scope of their employment when the collision occurred will require some investigative work. In these types of cases, hiring a qualified car accident lawyer is your safest bet in ensuring that you receive full compensation for your injury and other accrued monetary losses.

In rural Missouri, a young restaurant employee crossed the center line and hit another vehicle head on. The elderly driver of the other vehicle was severely injured that required treatment totaling close to 1 million dollars. It was heavily debated by the defense, but the lawyers for the plaintiff were able to show that the negligent driver was on company time and running an errand for the restaurant owner, who happened to be a relative. A jury ruled in favor of the plaintiff and awarded over 2 million dollars, to cover the cost of the medical treatment as well as the future care of the patient.

The purpose of vicarious liability is to ensure that an employer acts responsibly when choosing to have an employee act on their behalf. They should not assume that an employee is a safe driver or will not act recklessly while out on the road. If you suspect that you were injured by a driver who was working at the time of your collision, you should contact a Missouri car accident attorney. An employer should also be held liable if they were negligent in their decision to send an employee out on their behalf.