Riddle & Riddle Injury Lawyers | August 18, 2020 | Car Accidents
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.
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 or 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.
Understanding Employer Liability in Car Accidents
Under the legal doctrine of vicarious liability (also known as respondeat superior), an employer can be held liable for damages caused by an employee. However, this only applies if the employee was acting within the “scope of employment” at the exact moment the accident occurred.
When is an Employer Liable for Employee Negligence in a Car Accident?
In North Carolina, for an employer to be held responsible, the employee must have been performing a task that furthered the employer’s business. Common examples include:
- An employee making a delivery for the company.
- A salesperson driving between client meetings.
- A worker running a specific errand at the direction of their supervisor.
- An employer-provided vehicle for commuting
- Paid mileage for commuting by the employer
When is an Employer Typically NOT Liable for Employee Negligence in a Car Accident?
The “Coming and Going” Rule
Generally, accidents that happen during a normal commute, such as driving to work in the morning or going home in the evening, do not fall under employer liability. This is known as the “Coming and Going” rule. Because the employee is not actively performing job duties during their commute, the employer is typically shielded from responsibility.
North Carolina Specifics
North Carolina courts look closely at the “frolic and detour” rule.
- Detour: A minor side-trip (like stopping for gas while on a delivery) may still leave the employer liable.
- Frolic: A major departure from work duties for personal reasons, like driving 20 minutes out of the way to visit a friend, usually ends the employer’s liability for that period.
Why this matters: If you are hit by a commercial vehicle or a company car, determining the driver’s “status” at the time of the crash is vital. Company insurance policies often have much higher limits than personal ones, which can significantly impact the compensation available for your recovery.
Steps to Take if You’re Involved in an Accident With an Employee Driver
If you’re involved in an accident with an employee driver, follow these steps to strengthen your case and pursue compensation:
- Document everything: Take photos of the accident scene, vehicle damage, and any visible injuries. Gather witness information and file a police report.
- Identify if the driver was on work duty: Determine if the driver was performing job-related tasks at the time of the accident, as this affects employer liability.
- Notify the employer and/or insurance: Report the incident to the employer and insurance companies to initiate claims.
Consider speaking with a car accident lawyer: Consulting a lawyer can help ensure you receive fair compensation and navigate complex liability issues.
Contact a Personal Injury Lawyer from Riddle & Riddle Injury Lawyers for Help Today
The experienced car accident attorneys at Riddle & Riddle 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.
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 $900 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.