This is true even if you are driving a company vehicle. Is the employer liable for accident costs incurred during an employee’s commute? What if the employee uses a company car for the commute?Ĭommute time is generally not considered work-time, and any accidents that occur during a commute would not likely be the responsibility of the employer. But if you were mixing personal errands with work errands, then you probably have a case. For example, if you drive a personal car during a lunch break to run personal errands, then you must take full responsibility for any accidents. If your driving was for personal reasons and not at all work-related, then you will be liable for any accidents you cause. The legal experts and insurance companies will likely hash out the answer to this question in some detail, should your case go to court. What if the employee was mixing personal errands with business errands when s/he got into a car accident? Is the employer responsible for an ensuing car accident? You will want to speak with a lawyer to learn how the law applies to your personal situation. Generally speaking, yes, the employer would still be responsible for your actions, even if you were speeding. What if the employee was speeding when the accident occurred? Is the employer responsible for an ensuing car accident? What if the employee was looking at a cell phone when the accident occurred? Is the employer responsible for an ensuing car accident? An initial consultation will help you and the lawyers ascertain the relevance to your unique situation. Most personal injury lawyers offer an initial consultation without cost. While certain reasonable mistakes may be assumed to accrue in any situation where human error may be a factor, substance abuse, or other blatant violations of state or federal laws, make a situation unique. You should talk to a traffic accident attorney to understand your rights in a situation that involves substance abuse. What if substance abuse was involved with the employee’s poor judgment when the car accident occurred? Yes, the legal culpability includes financial compensation for both property damage and personal injuries caused by an employee’s car accident. Is the employer responsible for paying for property damage as well as personal injury? In a similar way, a car accident caused by a single employee won’t fall on the individual employee’s shoulders but will be carried by the company at large. You’d sue the entire company, and let the company deal with the two negligent workers. If you were to sue for faulty plumbing in your new house, you wouldn’t sue the two workers who installed the plumbing. One way to imagine how this law works is to imagine a faulty plumbing job in a new house. Generally speaking, the employer is responsible for paying for any personal injuries to the employee who was driving when the accident occurred, even if the employee’s own negligence caused the accident. Is the employer responsible for paying for personal injuries to the employee who was driving when the accident occurred? This could include pedestrians, bikers, drivers of other vehicles, as well as passengers in the offending car. Yes, the employer (or the employer’s insurance) is responsible to pay for personal injuries to any other people involved in the accident. Is the employer responsible for paying for injuries to another person or persons involved in the accident in addition to the driver? The respondeat superior principle applies, for example, to pizza delivery drivers who use their own vehicles, or to au pairs who are driving their employee’s vehicles, or even to an employee who uses their own car to drive from Summerlin to Henderson to pick up a catered lunch for a retirement party at the office. Whether a boss lends a car to an employee, or whether an employee is driving their own car, the principle remains in place. An employer is generally responsible for any costs incurred when an employee causes a car accident while performing work duties, even if the car is privately owned. Is the employer responsible if an employee causes a car accident while driving a private vehicle to perform work duties? Under the principle of respondeat superior, the employer is liable for all costs incurred in a traffic accident caused with a vehicle used by an employee while working, even if the accident was caused by the employee’s negligence or poor judgement. In most situations, the answer to this question is yes. Is the employer responsible if an employee causes a car accident while driving a company car? Let’s look at some frequently asked questions about car accidents during work hours.
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