Who Will Be Liable For A Car Accident As Per A Personal Injury Lawyer
The Personal Injury Lawyer says if any person drives for any company’s vehicle, then the company will be liable for any driver’s injury during their work. In case of vehicle damage, the same rule is applicable. But sometimes, this issue may not be clear. In this article, you will know the employer’s liability in case of their driver’s injury. So, let’s read the article till its end.
Who Will Pay For The Work Vehicle Accident
If the employee’s action falls under vicarious liability, the employer will pay for the damages. In that case, the vicarious liability states the following things:
- If the employee’s action belongs to the scope of employment.
- The accident took place when the employee was on his duty.
- When the employee was performing their duty for they were hired.
If none of the above things happens in the accident, the employer will not pay the damage. As per the Commercial Litigation Attorney, if the employer is responsible, he needs to pay for the victim’s medical bill, pain for compensation, treatment expenses, etc.
Apart from that, the employee can be directly responsible for some instances like the employee was not trained well, supervised before hiring. If the employer hired a driver who was not experienced well, the responsibility might fall under the employer’s section. You can learn more from the below part when the employer will not be liable for paying the damages.
What Is Vicarious Liability
The legal term vicarious liability explains the legal responsibilities of any person, even if the person was not directly related with armed hate to someone else.
For example, if any car accident of a company occurs, the employer will be responsible for the employee who took the main part in the accident. Vicarious liability also states that the employer can be labeled for the work that their employee did.
It was assumed that the employee was working as an agent on behalf of the employer. The vicarious liability is also known as respondeat superior.
When The Employee Is Liable For The Company Vehicle Accident
The employee can also be liable for the damages. Situations that might make the employee responsible include:
- The employee was not doing any company-related tasks such as picking up personal dry cleaning or other personal tasks.
- They commuted to work for a while. However, in that case, if the employee made a work-related stop, then the employer will be responsible.
Now, you have got your answer for who was labeled for the damage of a car accident. If you want to file a lawsuit after a car accident, you can call us. The team of Commercial Litigation Attorney will provide you with the right guidance about the legal bases in every step and to protect your right. To get details about it, give us a call.