There is a possibility that an employer might be liable if an accident happens while the employee is driving to complete a work duty. This can also happen if the employer asked the employee to do something. In accident statistics in Vegas, this is a common problem when truck drivers or drivers for commercial vehicles get into an accident. Their employer is also sued. Whichever the case, there are legal grounds for assigning accountability to a company.
Negligence on the company’s part and vicarious liability can get employers responsible.
Negligence of the Employer
A negligence on the part of the employer involves negligent hiring and supervising an employee. When an employer hires someone who drives the company car, they have a responsibility to check this person diligently. They need to know if this employee is fit and safe enough to drive. Therefore, they should make sure that the employee has a driver’s license and good driving record. This employee must have no suspensions before. Some employers do precautionary measures such as asking for a drug test.
Negligence in Supervision
Negligent supervision can be another reason to make an employer responsible for an employee’s car accident. The company drivers must be familiar with the safety policies and safety laws. This is a responsibility of the employer in terms of supervising. For instance, if the company has a truck driver, the employer should check if the driver follows all the federal and state law requirements. Also, the employer must see to it that the drivers load and weigh the cargo properly. Employers can be liable if they fail to check the quality and the overall workflow of these employees.
In vicarious liability, it does mean that the employer showed negligence. This is a law doctrine that states: whatever action an agent has done is the same as the action of the principal. The principal is the employer, and the agent is the employee. Thus, when the principal gives an order to the agent, they act on it accordingly. Nevertheless, this idea is applicable if the accident took place when the agent was actually doing the task assigned.
For instance, an employer asked to deliver something and met an accident on the way. The employer can possibly be accountable. However, if the employee decides to eat and got into an accident going to a restaurant, the employer is not liable. It is because the employee is not working on behalf of the employer.
There are exceptions to the vicarious liability. If an employee hits someone intentionally on the road, the employer will not be responsible for the accident.
A consultation with a lawyer is advisable if you get into an accident that involves your employer. Because a lawyer is an expert in this kind of matter, you can learn the liability rules that are related to your case. You will also know the rights that can protect you depending on the exact situation you are in.Updated Date: 11 April 2018, 22:42