Determining if your employer is liable for your car accident depends on the purpose of the trip and whether or not the vehicle is a personal vehicle or a company vehicle. These scenarios are a general rule of thumb. If you’ve been injured in a car accident for work-related reasons, it’s best to consult an experienced car accident attorney to discuss your specific case and options.
Is my Employer Liable if I’m Commuting to Work?
If you are commuting to and from work and get into a car accident, your employer is generally not liable. However, if the employee’s vehicle was necessary for their work, the commute to get it there might be considered as part of the employer’s responsibility. An example may be an employee who job requires them to make a sales call to and gets into an accident driving there. In some cases, the employer would be considered liable for the accident.
Who Is Liable In a Company Vehicle Accident?
If you were involved in a car accident in a company vehicle and you are a company employee, the accident would likely fall under the employer’s liability and be covered under their insurance policies. However, there are a few exceptions to this. If the driver was an employee and on personal business, the employer may not be liable. And, if the driver was acting in an illegal manner without the company’s knowledge, such as drinking and driving, the employer may not be liable.
What if the employer failed to keep the vehicle maintained or employed reckless drivers? In some cases, the company may be negligent about a vehicle and could be held liable. For instance, if the company failed to keep the vehicle maintained or falsified safety records, the employer could be held liable.
Is My Employer Liable if I’m Driving for Work Purposes?
As with company vehicles, a personal vehicle trip could be part of your job if your employer expected you to use your own personal vehicle for work. The key to this liability is to determine if the employee was doing business with the approval and under the direction of the company. If your job description requires you to travel as part of your job and an accident occurs using your personal vehicle for that purpose, your employer’s insurance is likely liable for the accident.
Brandon J Broderick, Car Accident Attorney
If you’ve been injured in a work-related vehicle accident, contact us to discuss your options. One of our trusted team members will listen to your story, learn about your case, and can advise you next steps. Many of our clients feel a sense of relief once they make that first phone call. Contact us today.