Personal Injury: When An Employer Can Be Held Liable In An Auto Accident
If you were in an accident caused by a negligent driver, you could possibly sue the driver of the vehicle that collided with you. However, did you know the driver’s employer could also be liable if they were driving a company vehicle or on work-related business at the time of the accident? Making the decision to sue someone is never easy, but if you have suffered a personal injury through no fault of your own, it is important you seek any compensation you are entitled to in order to cover your medical bills, household expenses and other necessities of life. Here at The Slaughter Law Firm in Tennessee, we understand the complications that arise as a result of a personal injury in an automobile accident. We work hard everyday to ensure people injured in automobile accidents, with a driver who is in a company vehicle or driving while doing business on behalf of an employer, receive the compensation they deserve.
Examples of When an Employer Can be Held Liable
It is not always easy to discern when an employer is liable for the actions of their employee when they are behind the wheel of a vehicle. However, there are some clear examples of when an employer is responsible for an accident. If the employer has made either an expressed or implied demand that an employee must drive their vehicle to work, they are responsible for any accident caused by that employee during work hours. In the instance of an expressed demand, the employee has been told by their employer that they need to have their personal vehicle available and ready to perform the duties or functions of their job. In the case of an implied demand, the employer does not specifically tell an employee they need to drive to work, however not doing so would make it impossible for the employee to perform their job functions if they didn’t have their personal vehicle available during work hours. Another example of when an employer is liable is if an employee is driving along an assigned route, or headed to fix or install an appliance, or perform any duties relating to the employers business while driving a personal or company vehicle.
Moving Forward and Following the Process
If you were in an accident with a driver who you believe was working at the time of the accident, one of the first things you need to do is contact your insurance company to let them know you were in an accident. You don’t need to provide them with any other information beyond the basics of giving them the time, date and location of the accident. Don’t get into a conversation regarding your injuries or how you intend to move forward at that time.
The next thing you need to do is contact a personal injury attorney who has successfully obtained judgments or settlements on behalf of their clients. Securing the services of an experienced attorney is extremely important and you should do so as soon as possible. One of the reasons you need to hire a personal injury lawyer quickly is because insurance companies have strict policies regarding how many days a claimant has to file a claim. Each insurer sets their own guidelines, so you could have a filing date for the employer of the person who collided with you, and another for your own insurer. There are also deadlines in regards to court filings that have to be followed.
Taking Care of You
A motor vehicle accident can place undue burdens on your family and your finances. Deciding to sue can exasperate your situation if you are worrying about how to pay your bills. Here at The Slaughter Law Firm, we do our best to help our clients by working with a team of physicians, investigators, legal nurse consultants, other attorneys and paralegals to get the medical treatments our clients need and to build the best possible case to present in court. Although we do settle some cases outside of court, we painstakingly and meticulously prepare every case as though it is going to trial. If you have been injured due to an accident with someone who was working at the time, you need someone to represent you who understands the law and who knows how to handle insurance companies and their attorneys. Give our office a call to schedule a no-risk consultation at 423-844-0560 today.