The defendant could argue you have made your injuries worse because you did not follow medical advice. Seeing as there are over 227 million drivers in the US and, sadly, more than six million car accidents occur in the country every year, if you run a business that involves employees driving vehicles on the road, it is more than possible that an employee will be involved in a car accident while on the clock at some point. Texas law allows juries to punish defendants for particularly bad behavior. Other Parties Who Can Be Liable. Driving while tired. In total, Georgia-based crash statistics show that more than 340, 000 crashes occur over the span of a single year, with over 130, 000 people suffering crash-related injuries. You might not feel immediate pain after a minor fender-bender. Physical impairment that limits your ability to enjoy life. You or your company car crash lawyer can obtain a copy of this report. The employer's insurance will not help the drunk driver pay for any of their damages. The brakes failed, causing you to plow into a building.
However, they can make sure that company vehicles receive regular maintenance and that safety procedures are being followed by all drivers. The other driver can't look to Blurfco to recover damages. They have the potential to be sued by their injured employees. However, there are limits to this coverage. Are employers ever responsible if their employees are involved in car accidents? But Roe wasn't doing his job or acting for Blurfco's benefit when the wreck happened.
The legalities concerning liability will depend on the specific circumstances. The police report is not the final word on what happened, but it is a great place to start your own investigation. We want to put our knowledge, experience, and resources to work for TO AN ATTORNEY NOW. Considering how dangerous driving is and how common accidents are, it's not surprising that many crashes and collisions involve someone who is "on the clock. Is the employer responsible for an ensuing car accident? Usually, a person is not eligible to collect workers' compensation benefits simply for commuting to and from work, or during a lunch break. Whether a boss lends a car to an employee, or whether an employee is driving their own car, the principle remains in place. There are situations when a company's insurance will not cover an employee who causes a car accident during work. The accident was not my fault.
If you are bleeding, try to stop the bleeding by applying pressure using a towel or other cloth. At Sutliff & Stout, we have seen far too many clients forfeit compensation by committing the following errors: - Don't apologize for the accident. It refers to the employer being held liable for negligent actions by their employees. While Workers' Compensation generally applies for employees who are injured in accidents while they're on the clock, the law is highly nuanced and fact-specific. Negotiate with insurance companies to secure your maximum settlement amount. I was rear ended while driving the company van while at work. Transporting another employee. Your employer is generally only liable for what happens when you are on the clock and actively engaged in work-related activities. Should I ever admit the crash was my fault? Texas workplace injury laws operate under two systems: workers' compensation and non-subscriber. Instead, you must pursue the insurance of the individual who hit you. If you are driving a company car or truck for work and you are at fault in an accident, the damages should be covered by your employer's insurance policy.
Therefore, the company's insurance will pay the other victims if you are found at-fault for an accident. You can avoid this problem if you purchase special insurance coverage on top of your existing policy. The circumstances under which your employer could have vicarious liability for your car accident damage are as follows: - You were on the job and on the clock when the accident occurred. For example, an employer might dictate work hours, require work uniforms, or provide employees with the necessary tools and equipment to do the job. In other words, if you were on the clock and completing an activity that your employer asked you to do, then your employer probably has vicarious liability for your car accident. There were over 40, 000 fatalities and over 5 million crashes in America alone last year. Let's figure out who is responsible in these three hypothetical scenarios: → I was hit by someone who was driving a company vehicle. Vicarious liability applies when the at-fault driver was performing a job-related duty during the car accident.
You crashed because you were driving while intoxicated or engaged in another behavior that violates your employer's policies. In an auto accident case, failure to use reasonable care often includes: As a general rule, an employer can be held responsible for an employee's negligent acts, but not for the negligence of an independent contractor. Remember that every settlement comes with an important string attached—that you give up the opportunity to sue the defendant in the future for more compensation. For this reason, it's important to find out if your company provides workers' compensation insurance coverage for employees who drive their personal vehicles for work-related purposes. Contact a Georgia Workers' Compensation Lawyer Now. Can an injured employee sue a third party? What if the employee was mixing personal errands with business errands when s/he got into a car accident? Employers also typically won't be held liable if an employee gets into an accident while taking a long break for personal reasons.
Physical therapy or rehabilitation. Instead, the employer must answer for the careless driving of its employee. If you have no fixed office and travel for work. This fancy Latin term means employers are legally responsible for the actions of their employees while acting within the scope of their employment. Having a company car is a great perk, especially if you have use of the vehicle 24/7. Workers' compensation insurance provides financial recovery to employees who suffer injuries while on the job. Your best bet might be to hire an experienced lawyer to handle the case.
Example: Rider to a personal insurance policy. Politely decline any initial settlement. In other words, if you make a mistake during your work hours resulting in injury to yourself or to others, then your employer may be liable to cover the costs of your mistake. If you are an employer, you may be held accountable for the conduct of your employees incurred on the job. What if am I partly to blame for my pedestrian accident? Workers' compensation benefits are available if you were injured in the "course and scope" of employment. If you think an obstruction contributed to the crash, such as a tree branch in front of a stop sign, then take a picture of that as well.