Car Crash Liability When the At-Fault Driver is on the Clock
If you were recently hit by another driver, you might assume that the person who hit you is the only party to blame for the accident. However, if the motor vehicle accident happened while the other driver was on the job, that person’s employer might also be financially responsible for the aftermath under a theory called respondeat superior.
When Employers Are Liable for “On the Clock” Accidents
When a driver causes a crash while they’re “on the clock,” their employer may also bear liability for the collision through the legal doctrine of “respondeat superior,” a type of vicarious liability that makes employers legally responsible for injuries their employees cause in the course of their job duties. Examples of situations where drivers may have “on the clock” liability include:
- Delivery drivers
- Sales representatives driving between client locations
- Landscapers or utility technicians driving between job sites
- Livery drivers (employed by the livery service rather than working as an independent contractor) driving to refuel their vehicles, pick up passengers, or take passengers to their destination
When Do Employers Bear Liability?
An employer may bear liability for a car crash caused by one of its employees under certain circumstances, such as when:
- The crash occurred in the course of the employee performing job-related tasks, such as completing deliveries or traveling between job sites
- The employer owned the vehicle and permitted the employee to drive the vehicle during the workday
- The accident occurred during an employer-directed work errand, such as an employee going to pick up meals for the workplace at their supervisor’s or manager’s direction
In addition to vicarious liability, an employer can also bear direct liability for a car accident caused by one of its employees in situations where the accident occurred, in part, due to the employer’s negligent hiring, training, or supervision. For example, an employer may bear direct liability for a crash if it hired an employee to perform driving-related duties without investigating the employee’s driving record or in disregard of the employee’s history of accidents or driving infractions. An employer may also bear responsibility for a crash if it failed to train an employee to drive a specialized company vehicle, resulting in a crash caused by the driver’s negligent handling of the vehicle. Finally, employers may also bear responsibility for a crash if they failed to monitor employees’ on-the-clock driving behavior or disregarded reports of their careless or reckless driving.
When an Employee Becomes Personally Liable
Employees who cause accidents while driving for work will necessarily bear liability for the crash. However, their employer may avoid liability in the event that:
- The accident happened off duty for the employee or while the employee commuted to or from their work reporting location
- The employee was running a personal errand or made an unauthorized detour from a work-related trip
- The employee caused the accident while under the influence of alcohol or drugs or while engaging in criminal behavior outside the scope of their employment
Contact an Auto Accident Attorney
Have you been injured in an accident caused by a driver who was on the job at the time? If so, you could have additional sources for compensation, including a claim against their employer. Contact Johnston Law Offices P.C. now for a free, no-obligation consultation with a motor vehicle accident lawyer in the Metro East area to learn more about your options. We’ll review your situation, explain your rights, and tell you what we can do on your behalf. Don’t delay—reach out to us today.