Car Accident Injuries are required to be treated immediately and so is the priority to consult Car Accident Attorneys. There are times when it is difficult to determine who is at fault, or who is responsible for paying for your bodily injuries and property damages. This includes scenarios such as car accidents that involve can be an employee driving his or her employer’s company vehicle. if you’ve been involved in an accident with a company vehicle (your own or someone else’s!), read on to find out more.
Be frank with yourself, it will make the case easy. Instead of getting overwhelmed at sorrows, try to identify what happened exactly and what your response may be for the accident itself.
For instance, ask yourself if you were driving at or below the speed limit and were following all other applicable traffic laws. If so, and the other party collided with your vehicle, you can claim to be a plaintiff without any fear. But, if you were “driving while distracted”, such as using your cell phone, took your eyes off of the road, or were speeding or disobeying other traffic laws, and are involved in an accident, you may be partially responsible too.
By sharing all of these details with your Personal Injury Lawyer – including the good, the bad, and the “ugly”, it will be much easier for your attorney to assist you in determining liability. If there is a good argument you were not at fault for the accident, your insurance company can file a claim against the at-fault driver’s insurance company for your losses. Also, if you sustained injuries while working for your employer (i.e., clocked in, heading to a job site, or otherwise performing job duties when the accident occurred), your employer’s worker’s compensation insurance can be utilized to pay for your medical bills and loss of wages associated with your post-accident care.
You may also be entitled to file a third-party claim against the other party who caused the accident. To be sure, be sure to contact Auto Accident Attorneys who can properly advise you of where liability for the accident may fall.
An Employer is liable to pay for the damages if the accident is caused by his employee while “at work.” Several conditions apply here. For instance, consider whether the employee was on duty at the time of the accident. Was he on a personal errand after finishing the allotted job? Did he inform the company of utilizing its vehicle for personal use? Answers to such basic questions will give your Car Accident Attorney a better idea about the employer’s liability in the car accident.
Frolic is a legal term used to describe time spent by an employee when he was on the clock, or expected to be performing work when he chose to run a personal errand while already on company business. Detour is a term used to refer to an employee who makes a minor departure from his job duties for his own benefit. Whether the employee was on a frolic or a detour may determine the employer’s liability.
Employer’s Vehicle Insurance & Maintenance
Maintaining the vehicle and its insurance policy is important when it comes to determining liability. The company is responsible to keep the vehicle well-maintained and keep the insurance contract renewed with installments. In many cases, the accident is caused by negligence in vehicle maintenance and the company becomes liable for the resulting damages. This is always an important factor that you should discuss with your Personal Injury Attorney in determining whether the Employer may be at fault for the accident.
In many cases, a company contracts with a driver and provides him with a work vehicle. In some situations, the Employer does so to limit its liability in the event of an accident so that it can refer to you as an “Independent Contractor” instead of an “Employee.” There are multi-factor tests in determining whether someone like you is truly a company’s Employee or an Independent Contractor.
However, you want to be very careful before you sign an employment contract in which you are serving as a driver for a company and read the terms and conditions very carefully and/or seek proper legal advice. For example, the contract might state that the Employer is not liable to pay for the damages if an accident is caused by you. If you have already signed an employment contract like this, make sure that you have a copy of the contract and can provide it to your attorney.