What impact does it have on a resulting lawsuit if you are struck by a company car and suffer property damage or bodily injury? The law of...
What impact does it have on a resulting lawsuit if you are struck by a company car and suffer property damage or bodily injury? The law of negligence determines who is responsible for an accident. In all motor vehicle accidents, factors such as speed, weather conditions, driver impairment, and driver conduct are taken into account. Other factors come into play if you are injured by someone driving a company or government vehicle.
Stages Of an Injury Lawsuit
Under the theory of respondeat superior, if an employee injures someone while acting within the scope of his or her employment, the company can be held liable. According to the theory, because the employer was doing the company's work at the time of the accident, the company, as well as the employee driver, should be held liable for the employee's negligence. This is generally advantageous for plaintiffs in personal injury lawsuits because it provides another entity that can pay a judgment in their favor.
Who is to bear responsibility for this?
What if the employee is driving a company car but is using it for personal rather than company business when the accident occurs? In this case, the car's owner, the company, may still be held liable. When allowing someone else to drive a car, the owner must exercise caution. If the corporation failed to examine the employee's driving record or should have known that the person had medical or other issues that impaired the operation of the car, it could be held accountable for negligent entrustment of the vehicle.
Many states hold the owner of a vehicle strictly liable for any injuries caused by employee drivers, in addition to responding to superior and negligent entrustment theories of liability. This also means that the company's liability is unaffected by whether or not the employee was acting in the course of his or her employment at the time of the accident. If the accident was caused by the owner's failure to properly maintain the vehicle, the owner may be held liable. Depending on whether the car is owned or leased, a third party may be in charge of vehicle maintenance.
If you have been injured by a corporate or government vehicle driver, contact an experienced car accident lawyer who will ensure that all potentially liable defendants are named in any subsequent litigation.
Read also:
How Much Does a Car Accident Lawyer Cost?
