When is a Company Liable for a Crash?
When an employee is involved in a car accident while performing their work duties, the employer sometimes should be responsible for any resulting damages.
Understanding Vicarious Liability
Vicarious liability occurs when the person causing the crash is at fault, but so is the person’s employer. This happens because employers are responsible for the people they hire. Even though the employer may not have directly caused the crash, their employee did, which makes them liable as well. Vicarious liability is a legal theory known as “respondeat superior,” which means “let the superior answer.”
Employers are held liable for car accidents for two reasons:
- They are responsible for their employees’ actions while they are on the job.
- They have the ability to prevent or limit any harmful acts performed by their employees.
When Does Vicarious Liability Come In Play?
To hold an employer liable for vicarious liabille, there must be four elements involved. We would help you prove the driver was:
- Driving a vehicle in a negligent or reckless manner.
- An employee, as opposed to an independent contractor.
- Acting within the scope of their employment.
- Doing something to benefit the employer.
Separate from vicarious liability, when an employee causes a car accident, an employer may be considered negligent in any of the following ways:
- Negligent Hiring. If an employer hires a worker who is not qualified or properly certified to do the work, then this could be a breach of duty.
- Training the employee. If an employer requires an employee to drive an unfamiliar vehicle or route without proper training, the employer should be held liable for failing to properly train its employees.
- Entrusting the employee to drive. An employer can be held liable if they knew the employee had a history of poor performance and created an unusual risk of a car or truck crash. This could occur when:
- The employer knew the employee had a poor driving record.
- The employee was unable to properly operate the vehicle, but the employer allowed them to drive anyway.
- The employer required the driver to drive for a long period of time, leading to fatigue.
- The employer allowed the employee to operate a vehicle that should not be on the road.
Contact Our Kansas Personal Injury Attorneys Today
Companies have a huge responsibility when it comes to their employees. They need to be held accountable or we all are at risk.
The Kansas personal injury attorneys at Neustrom & Associates can assess your case and determine liability. Multiple parties could be at fault for your car accident. To schedule a free consultation, call (785) 825-1505 or fill out the online form.