Not all car accidents happen when people are on their personal time. A large number of wrecks take place when one, or both, of the drivers are driving as part of their job. The question in these circumstances is do you hold the driver personally accountable, or seek compensation from their employer? The answer is complicated, and it depends on the specific facts of your case. The most common form of accident in this category is when a trucker is involved in a crash, but can also happen in other ways.
The issue is one of negligence, and which party acted irresponsibly; the driver or their employer. Legally speaking this is referred to as vicarious liability, and it can arise in a couple of ways when one person is acting on behalf of another:
- Negligent supervision: if an employer fails to implement reasonable safety precautions and allows its employees to engage in dangerous activities anyway, the employer can be held responsible for injuries caused by their workers. In a car accident case this could include allowing a driver with a history of DUI’s or a suspended license to take the wheel of a company vehicle.
- Negligence by the employer: a good example of an employer acting negligently, and thus being accountable for an accident, is when the hiring guidelines do not provide for adequate background or driving history checks and an unsafe driver is permitted to drive while on the job.
Pursuing the employer is a personal decision. The facts of your case will dictate the best course of action, and a thorough review of those facts should be made before you decide how to proceed. One reason you may not want to include the employer in your claim would be if the driver’s acts were intentional rather than negligent. If you have been involved in an accident with a person who was driving for work, call our office to learn your options. Careful consideration, after understanding your choices, should be given before any action is undertaken.
If you have been hurt in an accident, call our office to learn your options. Let an experienced attorney help you figure what is best for you. Call a Bloomington, Minnesota personal injury attorney today.