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Motor vehicle crashes are the leading cause of death among workers in the United States, according to OSHA (Occupational Safety and Health Administration). Every 12 minutes someone dies, and every 10 seconds an injury occurs as a result of a motor vehicle crash. 

If you have been in an accident while driving a company vehicle or with someone who does, the process of determining liability can be confusing. Should you seek compensation from the company, the driver, or someone else? In some cases, an injured victim can seek compensation from both the company and the driver. 

When is a company responsible? 

In many accidents where a company driver is involved, the best source of compensation for the accident will be the company. A company can be held liable for an accident for any of the following reasons: 

Negligent hiring or retention: Employers have the responsibility of checking prospective employee’s driving records, validity of driver’s license and the knowledge and skills necessary to be a safe driver if there is the potential the employee will be doing work-related driving or driving a company vehicle for any reason. Employers can be held liable for any accident if it is proven they did not properly screen and train its employees. Should an employee driver accumulate repeated fines and other driving offenses, the employer must prevent further problems by taking steps such as requiring completion of defensive driving courses and/or disciplinary actions. 

Vicarious liability: Employers are considered vicariously liable under the respondeat superior doctrine, for negligent acts or omissions by their employees in the course of employment (sometimes referred to as 'scope and course of employment'). Under this doctrine employers are responsible for managing their employees so therefore they are responsible for any of their employees’ actions. If an action is performed by an employee on behalf of the employer, it is considered that the company performed the action itself. Should the employee be involved in an accident while on company business and/or in a company vehicle, those injured in the accident can seek compensation from the employer. 

Negligent supervision: Employers need to have reasonable safety policies and be sure all employees comply with the safety policies. If not, an employer can be responsible for employee accidents because of negligent supervision. If the employer has truck drivers, then the truck drivers must comply with federal and state laws requiring the use of logs and making sure that any cargo is properly weighted and loaded. Employers must document their supervision of truck driver compliance. 

Negligence associated with a vehicle’s condition: Employers have a responsibility to be sure their vehicles are maintained in a safe condition. If they do not, they can be held liable for an accident because the vehicle condition contributed to the accident. 

What if the employee driver is “off the clock”? 

If an accident occurs when an employee is “off the clock”, the driver can be considered to have acted independently and could be held individually liable for the accident. 

What if the driver is an independent contractor? 

If a company hires independent contractors who drive their own vehicles to transport passengers or materials for the company, then the independent contractor could be held liable as he/she is not an employee of the company and the company does not own the vehicle. 

If the independent contractor uses a company vehicle for company business, then since the company owns the vehicle it could be partially liable for an accident. 

“If you have been injured in an accident involving a company vehicle, it is important to file a police report and collect as much information as you can from the scene of the accident which includes contact information from any witnesses. Then contact the experienced legal team at Spivey Law Firm, Personal Injury Attorneys, P.A. We are available 24/7 to assist you,” said Cape Coral Accident Attorney, Randall Spivey.

Cape Coral Accident Attorney, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.