“Are Employers Liable for Car Accidents Caused by Their Employees?”

August 18, 2020 | By Riddle & Brantley Accident Injury Lawyers
“Are Employers Liable for Car Accidents Caused by Their Employees?”

As North Carolina auto accident attorneys, we’re often asked, “Can I sue a business if their employee injured me in a car accident?” Or, alternatively, “Are employers liable for auto accidents caused by their employees?” The short answer is it depends. An employer can be held liable for an employee's car accident if the employee was on the job or performing work-related duties, but exceptions apply.Any employer whose workers drive negligently and cause an accident could potentially be liable for hurting someone if the accident is the employee’s fault. If you have been hurt in a car accident, you may be able to file a claim against the driver of the other car. If the driver of the other car is in a company vehicle or on work business, you may also be able to sue his/her employer. This may mean the difference between being fully or partially compensated for your injuries. If you’ve been injured in a car or truck accident by a negligent driver who is on the job, and you're wondering if employers are liable, you may have a claim against his or her employer. Our auto accident lawyers can advise you on your best legal options. For a FREE, no-obligation consultation, please call 1-800-525-7111 or complete the short form below. Those injured by a company’s employee deserve justice and may be entitled to compensation. Please call 1-800-525-7111 today and let’s review your accident injury claim.

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When is an Employer Liable for Employee Negligence in a Car Accident?

There are many different situations in which an employer could be liable for an accident. The most obvious case is when an employee is driving an employer’s vehicle while on a service call, or to and from other work-related business. If an employee is driving a work vehicle and is on the job, then his employer will likely be liable for his actions under the doctrine of Respondent Superior. The employer of a truck driver could be found liable for an accident occurring while on a delivery regardless of who owns the vehicle. If the employee is driving a personal vehicle but has a wreck while driving somewhere while on an assignment for his employer, then he is still on the job and the employer can be liable. In these cases, the employer will likely be responsible for the employee’s negligence and possibly will have insurance coverage specifically for situations such as this. So, if you’re asking, “Is an employer liable for an auto accident involving its employee?” the best answer is that it depends. Every case is different and the best thing to do is contact an experienced injury lawyer for a free and no-obligation case review.

What About Accidents While an Employee is Commuting To or From Work, But Not Yet “On the Job”?

Generally, an employer is not responsible for an employee’s actions while he/she is driving to or from work. However, if the employer provides a vehicle to and from work, then the employer could be responsible. For example, if an employee:
  • makes sales calls and drives that vehicle to and from work
  • is paid mileage for driving to and from work
  • is running an errand for their employer on their way home from work
…then the employer may be held liable for a car accident involving its employee.

Other Situations

Employers can make an express demand that employees drive their personal cars or an implied demand which means the employer doesn’t state that the employee must drive to work, but it is impossible for the employee to do his or her job without a personal vehicle during the work day. Either situation may have risks. If an employee drives to work to have transportation available to conduct business during work hours, then the employer can be sued if there are any accidents involving the employee while he/she is driving.

“Are Employers Liable for Auto Accidents Involving an Employee?”

Depending on the circumstances, you may have a claim against an employer whose employee’s negligence caused an auto accident that resulted in your injury. If you believe you may have a claim, contact an experienced North Carolina car accident lawyer immediately. The experienced car accident attorneys at Riddle & Brantley will evaluate the facts of your case and determine if you can file a claim against the employer of the driver who caused the accident as well as the individual driving. Usually, the employee’s commercial insurance policy limits will be greater than the employee’s personal auto insurance policy limits. This will give you a greater chance of fully recovering for any losses. $665 million recovered since 2000 alone.For a FREE consultation with an experienced auto accident attorney serving clients across North Carolina, please call 1-800-525-7111. Since 2000 alone, we've recovered over $665 million in compensation for our valued clients (see disclaimer below) and we'd love to help you however we can. We have handled many accidents involving all types of injuries and wrongful death. We understand the significant amount of physical and emotional pain suffered and endured daily after a serious accident, and we’re ready to help however we can. We handle auto accident injury cases throughout North Carolina, including Raleigh, Durham, Fayetteville, Greensboro, Winston-Salem, CharlotteGreenvilleGoldsboro, Jacksonville, and Wilmington.

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“This settlement changed me and my family’s lives.”
Linda B., Riddle & Brantley client Please call 1-800-525-7111 today and let’s review your accident injury claim. Depending on the circumstances of the accident, you may have a claim against the employer of the responsible driver. Don’t wait — the longer you wait to speak with an attorney, the harder it may be to win your case and recover the compensation you need and deserve. Justice Counts for those injured in auto accidents in North Carolina and we’re ready to help however we can.  
*** Disclaimer: The results mentioned are intended to illustrate the type of cases handled by the firm. These results do not guarantee a similar outcome, and they should not be construed to constitute a promise or guarantee of a particular result in any particular case. Every case is different, and the outcome of any case depends upon a variety of factors unique to that case.