Vicarious liability is applicable when one entity is liable for damages caused by the negligence of another. In this case, the liability is on the employee when the employee is acting in the scope of his or her employment, i.e., while working or traveling for work. The principle includes responsibility for vehicle accidents resulting from employee negligence while using personal vehicles for business activities.
Vicarious liability allows victims to sue employers for injuries and damages caused by their employees while working. For example, if you're running an errand for your employee and cause an accident, the victim can sue your employer which is generally more lucrative than suing you.
Vicarious liability means your company is liable even if the incident happened outside of the normal work environment. While it sounds simple, determining if you were truly “on the job” is the key which is often answered by determining if your employer benefitted from your activities.
If you are unsure if your accident was “on the job,” please contact our attorneys for a complimentary case evaluation.
You may be wondering if your car insurance plays a role in an accident that occurs while you are working. The answer is yes, in most cases. Your car insurance will likely cover injuries and damages, but in some cases, where there are multiple victims or expensive vehicles involved, your coverage is not enough.
If this occurs, the victims' judgments would fall to your employer and his or her vicarious liability. If your employer is regularly calling on employees to use their personal vehicles for work-related activities, they might consider adding those employees to the company car insurance coverage to help in this scenario. Even so, your personal coverage would still be primary, and then the employer’s coverage would kick in if your coverage falls short.
To get the compensation you deserve, you should contact an experienced lawyer who will fight for your rights. Insurance companies won’t fight to get the compensation you deserve for your injuries.
What happens if you are injured in an accident while driving your personal vehicle for work-related activities? In most instances, your vehicle insurance would pay for your injuries up to the amount of coverage you have in place, then workers’ compensation would pay for further injuries or lost wages up to the allowed maximum.
For a worker’s compensation claim, there is no need to prove “fault,” as you can, in most cases, collect workers’ compensation benefits even if you are at fault. Of course, you must have been driving as a result of a work-related activity and you must not have been driving under the influence.
If you were not at fault in the vehicle accident which occurred while you performed work-related activities, you should file a workers’ compensation claim with your employer as well as a personal injury against the driver who was at fault in the accident.
If you need legal advice as a result of a car accident during work, call on the expert legal team at WorkInjuryRights.Com™. They have offices throughout Florida and offer FREE consultations for you. The team at WorkInjuryRights.Com™ is ready to help you, with personalized representation, get the compensation you deserve.