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Some individuals who are involved in automobile accidents might not be aware that if they are injured by a person who was operating a vehicle while performing his or her job duties, the driver's employer might be held legally responsible. Regardless of whether the employer is a business, a public agency or a private individual, the employer may be held legally responsible if the driver is found to be at fault for causing the accident. Fort Myers personal injury lawyers are well aware that employer liability can arise in cases where the employer was negligent in hiring and/or supervising the employee who caused the accident.

How to Determine Whether or Not A Person Was "On the Job" When the Accident Occurred

Just because there is a logo on the side of the vehicle and a driver behind the wheel at the time of the accident does not mean that the driver was "on the job" for purposes of employer liability. Generally speaking, any time an individual is performing job-related duties, he or she can be considered to be "on the job," even if the individual is in his or her own car and handling personal business at the same time. For instance, if a person is running errands in his or her personal automobile during lunch, that will not be considered work-related activity; however, if that individual also picks up or drops off things for work during lunch, then that lunch break can be viewed as time spent "on the job." Similarly, driving to and from work, even in a company automobile, is typically not considered to be "on the job" time. But if the driver is required to stop at certain locations on the way to or from work, that might be considered "on the job" driving.

Negligent Hiring and/or Supervision

MostFort Myers personal injury lawyers will tell you that an employer may be held negligent for the occurrence of an accident if the employer was negligent in hiring and/or supervising the employee who caused the accident. Employers have an obligation to use reasonable due diligence with respect to the hiring of drivers explains Randall Spivey. What that means is that an employer should, at the very least, ensure that the driver has a current and valid commercial driver's license (if he or she is going to be operating a commercial vehicle). Employers should also look into the driver's driving record and conduct drug tests when necessary.

With respect to supervision, employers are required to make sure that their drivers adhere to any and all reasonable safety policies that are in place, as well as the state laws. For example, employers who have truck drivers working for them should ensure that those drivers follow all the logging requirements and make certain that all cargo is loaded appropriately. Any employer who neglects to ensure that a driver is using reasonable care in carrying out his or her job duties can be held responsible for negligence.

Any individual who has been involved in an accident in which he or she believes that employer liability might be an issue should contact the Fort Myers personal injury lawyers at The Spivey Law Firm, Personal Injury Attorneys, PA today.