Motor vehicle crashes are the leading cause of work-related fatalities across the United States. After a work-related car accident, victims may have questions about their employer’s responsibilities and liability.
If an individual is driving a vehicle to perform work duties, the employer can be held legally responsible for the damages caused in a car accident. Circumstances will vary, but in some cases, an employer is vicariously liable for an employee’s negligent actions or misconduct leading up to the accident.
Vicarious Liability
Vicarious liability is a legal responsibility that an individual or entity bears regarding the actions of a third party for whom they are responsible. Essentially, an employer may be held accountable for an employee’s negligent or unlawful actions within the scope of their employment.
Certain factors can determine an employer’s responsibility in a car accident, such as if the employee was “on the clock” at the time of the incident.
Was the Employee Working?
If the employee was performing work-related duties, such as running errands for the company or traveling to a client meeting, the employer would be vicariously liable for the employee. If the employee’s actions leading up to the accident were within the scope of their job responsibilities, the employer is more likely to be held responsible for the worker’s injuries.
An employer may be liable for an employee’s car accident injuries that were caused from:
- Making work-related deliveries
- Transporting other employees or clients
- Running errands
- Traveling for work
Was the Employee at Fault?
If an employee is found at fault for an accident due to reckless driving or negligence, the employer may still be held liable for the employee’s resulting injuries and damages.
On the other hand, if the car accident was caused by another party, the other driver’s insurance company is responsible for the damages. In this case, an injured worker may be able to file a personal injury lawsuit with the at-fault party, as well as file a workers’ compensation claim with their employer.
Workers’ Compensation Insurance
According to California law, all employers must carry workers’ compensation insurance. Typically, when a worker is hurt in a car accident during work hours, workers’ compensation will cover medical expenses and lost wages, regardless of who was at fault for the accident.
If you were injured in a car accident during working hours, it’s important to notify your employer as soon as possible. Reporting the incident promptly can help prevent delays in receiving workers’ compensation benefits.
Consult a Lawyer for Your Legal Options
If you sustained injuries in a car accident while on the job in Southern California, it’s never a bad idea to consult with a Los Angeles personal injury lawyer near you for legal advice. When seeking a reputable law firm in California, you will typically find many that offer free, no obligation, consultations to assess your accident and injuries. An experienced legal professional provides the guidance and representation you’ll need to navigate the complex workers’ compensation system.
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