Who Pays if I’m in an Accident in a Company Vehicle?

If you have been injured on the road by another person driving a company vehicle, you may wonder who is responsible for the damages. The answer depends on the specific circumstances of the accident, but it’s important to know that you have rights. A personal injury lawyer can help you understand those rights.

At Cloward Trial Lawyers, we help you navigate the details of a personal injury lawsuit and help you get the compensation you deserve.

The Complexities of Company Car Accidents

Having a company car is incredibly beneficial, particularly for a travel-intensive job. Maintenance or wear and tear is the least of your concerns. However, it has drawbacks when the vehicle is involved in a crash. Collisions involving company vehicles are particularly complex; it may help to speak to a car accident attorney to understand your rights.

Determining the liable party for accident-related losses is complicated. Your employer may be liable for the losses or vicariously responsible for the damages. In some instances, the employee is liable for the losses.

If I’m Involved in an Accident in a Company Vehicle, Who Pays?

If an employee drives a company vehicle and causes an accident, the employer is typically liable for any damages.  This is covered under the  legal doctrine known as “vicarious liability.”

What is Vicarious Liability?

Vicarious liability is a legal concept that holds one party responsible for the actions of another. In the context of an employee who may have caused an accident, it means an employer can be held responsible for the actions of their employees, even if the employer was not directly involved in the accident.

Under vicarious liability, an employer may be held liable for the actions of an employee while carrying out their job duties. This can include negligence, willful actions, assault, or battery. The key factor is whether the employee acted within the scope of their employment at the time of the incident.

Vicarious liability ensures that there is a means of compensating you for harm caused by the actions of an employee, even if the actual wrongdoer cannot pay the damages. It also encourages those with control or authority to take steps to prevent harmful behavior by those under their supervision.

When Is an Employer Liable?

Employers can be liable for their employees’ negligence. For instance, a company may be liable for a speeding driver who knocked down a pedestrian. As mentioned above, the employer is vicariously liable for an employee’s misconduct.

You must prove the following aspects to hold an employer responsible for an employee’s misconduct:

• The driver’s actions were negligent
• The driver is an employee, not an independent contractor
• The driver acted within the scope of employment
• The employee’s action was meant to benefit the company

The negligence of an employee means failure to apply reasonable standards of care under prevailing circumstances.

Here’s a list of circumstances where a company may be liable for driver’s negligence:

• Running red lights
• Failure to yield right of way when turning left
• Being distracted by a text or a phone call
• Tailgating
• Weaving in and out of lanes

Independent Contractors and Company Car Accidents

Companies are not usually liable for the negligent actions of independent contractors. However, there are exceptions to this rule. If a company allowed an independent contractor to use a company vehicle, including delivery trucks, the company’s insurance should cover the costs of damage and injuries.

Liability may also be attached if a company hires an independent contractor to perform an inherently dangerous activity. Alternatively, the company may be liable for accident-related losses if it retains control over the means and manner of the work.

What Are My Rights?

If you are involved in an accident with a company vehicle, you be entitled to compensation, especially if you are able to prove that the accident was caused by negligence. Compensation may vary depending on the specific circumstances of the accident, but they generally include

Medical expenses

If you have been injured in an accident, seeing a doctor as soon as possible is important. The doctor can assess your injuries and recommend treatment. You may also be entitled to compensation for your medical expenses. Remember that not all injuries are apparent right after an accident.

Lost wages

If you cannot work due to your injuries, you may be able to recover lost wages from the person or entity responsible for your injuries.

Pain and suffering

You can be awarded damages for the physical and emotional pain and suffering you have experienced due to your injuries.

Property damages

If your property (your vehicle, your home, and so on) has been damaged or destroyed, you can recover the cost of repairs or replacement from the responsible person or entity. You may also be entitled to compensation for the time and trouble you have had due to the property damage.

Negligence Involving Work Vehicle Accidents

In some cases, you may have the right to sue for negligence However, it is important to note that there are time limits for filing a lawsuit, so it is important to speak with an attorney as soon as possible after an accident to protect your rights.

Employers have a legal responsibility to ensure the safety of their employees while they are on the job. This includes ensuring employees have proper training and equipment to do their jobs safely and not put themselves or others in dangerous situations. When an employer fails to meet this responsibility, and a person is injured in an accident with a work vehicle, the employer can be liable for negligence.

There are a number of ways an employer can be negligent in connection with a work vehicle accident. For example, an employer may be negligent if they:

• Fail to provide employees with proper training on safely operating company vehicles.
• Fail to provide employees with the proper equipment, such as seatbelts and safety glasses.
• Allow employees to drive company vehicles while they are under the influence of alcohol or drugs.
• Require employees to drive company vehicles in dangerous conditions, such as during bad weather or when they are tired.
• Fail to maintain company vehicles in a safe condition.

What are The Different Types of Accidents that Can Occur with a Company Vehicle?

Work-related vehicle accidents are a serious problem. According to the National Institute for Occupational Safety and Health (NIOSH), motor vehicle crashes are a leading cause of death for workers in every major industry group. In 2020, 1,038 U.S. workers were killed in work-related motor vehicle crashes on public roads. This includes the roads you and your family drive on each day.

Many different types of accidents can occur with work vehicles. Some of the most common types of accidents include:

Car accidents

These are the most common type of work vehicle accidents. They can happen for various reasons, such as distracted driving, speeding, or driving under the influence of drugs or alcohol.

Construction accidents

Construction accidents can happen when a work vehicle is being used on a construction site. These types of accidents can be caused by various factors, such as improper use of equipment, uneven loading of the vehicle’s contents, unsafe work conditions, or worker fatigue.

Truck accidents

Truck accidents are a serious problem in the United States. According to the Federal Motor Carrier Safety Administration In 2020, there were 4,842 large trucks involved in fatal accidents. These accidents can cause catastrophic injuries, and they can have a devastating impact on the lives of you and your family.

In some cases, truck accidents are caused by the negligence of the truck driver or the truck driver’s employer. For example, truck drivers are more likely to cause an accident if they are tired or distracted. Similarly, if a truck driver is not properly trained or if the truck is not properly maintained, this could also lead to an accident.

Payment of Damages in a Wreck With a Company Car

Damages arising from a company car crash depend on the applicable facts and the nature of the loss incurred by the injured victim. You may be entitled to damages if injured in a company car crash caused by someone else’s negligence.

You can obtain three damages in a company car crash: economic, non-economic, and punitive.

Here’s a brief of the applicable damages:

Economic Damages

Economic damages represent the financial losses related to the accident, including anticipated losses. Calculating the value of monetary damages is easy because the losses have a direct dollar value.

Examples of economic damages include:

• Medication charges
• Hospitalization expenses
• Diagnostic tests
• Physicians bill
• Emergency room charges
• Surgical costs
• Lost income
• Loss of future earning capacity
• Travel expenses to and from treatment appointments
• Medical equipment and supplies
• Modification of your vehicle and home because of permanent disability
• Cost of hiring help for child care and household chores
• Expenses associated with personal care, such as bathing, feeding, and dressing

Non-Economic Damages

Non-economic damages represent the intangible losses an injured victim incurs from an accident. You can obtain various non-economic losses depending on the facts and circumstances of the injury.

Examples of non-economic damages include:

• Pain and suffering
• Loss of consortium
• Emotional anguish
• Reduced quality of life
• Permanent disfigurement

Punitive Damages

A judge or a jury may award you punitive damages in addition to compensatory damages. The need for punitive damages, also called exemplary damages, arises when the defendant’s actions were egregious or grossly negligent.

The role of punitive damages is to punish the defendant who acted with gross disregard for the plaintiff’s safety. It is also meant to deter the defendant and others from engaging in similar misconduct that caused the accident and resulting injuries.

What Should I Do if I am Involved in an Accident with a Company Vehicle?

If you are involved in an accident with a company vehicle, there are a few things that you should do immediately:

1. Stop your vehicle and assess the situation. If anyone is injured, call 911 immediately. If the accident is minor, you can exchange information with the other driver and file a police report later.
2. Seek medical attention. Even if you don’t think you are injured, it is important to get checked out by a doctor; some injuries don’t show themselves immediately.
3. Save all documentation related to the accident. This includes things like police reports, insurance information, and medical bills.
4. Speak with an attorney as soon as possible. Your legal team can help you understand your rights and options after an accident.

If you have sustained injuries involving a work vehicle accident, it’s important to speak quickly with an attorney who can help you understand your legal rights. Cloward Trial Lawyers will help you investigate the accident, determine if the employer was negligent, and help you recover the damages you deserve.