If the driver of a company vehicle hits you and you are hurt or your car is damaged, your future ability to bring a lawsuit may be affected. Negligence laws, as well as weather conditions, speed, driver impairment and conduct determine responsibility for auto accidents. However, if your accident is caused by someone driving a government or company vehicle, other considerations must be made before legal action can begin.
Stages in an Accident Lawsuit
In most cases, if an employee injures someone while on the job, the company is held liable under the respondeat superior theory. This theory says that since the driver was working at the time of the injury, the company and the driver are responsible for any negligence. This theory works to the benefit of plaintiffs because it leaves them with another entity to sue.
Determining Responsibility for an Accident
If an employee is driving a company car, but they cause an accident while using it for personal reasons, the corporate owner of the car can still be held liable for negligence. A car’s owner must use due care when allowing others to use the vehicle. If the company did not check the worker’s driving record, or if they should have known of conditions that affected the worker’s ability to drive, Prochaska, Giroux and Howell LLC can help you bring a case for negligent entrustment.
In addition to the negligent entrustment and respondeat superior theories, many US states hold the vehicle owner liable for injuries and property damage caused by employees that drive the vehicle. A company’s liability is not contingent upon whether or not the employee was on the job at the time of the crash. Business and corporate owners can be held responsible if the accident’s cause was improper vehicle maintenance.
Car accidents are often overwhelming and painful experiences, and many people do not know how to bring legal action against those responsible. If a company vehicle’s driver hurts you or someone you know, you should call Car Accident Lawyers in Wichita who will be able to help you name all potential defendants in a lawsuit.
