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When traveling on area roadways, it is possible to encounter a variety of vehicles ranging from small personal automobiles to large commercial vehicles and big rigs. Given the crowded roadways, the chances of being involved in an automobile accident are greatly increased. Many people may have an understanding of the legal issues surrounding collisions with others in personal vehicles; however, some may not know who to hold responsible if the accident involves a company vehicle.

Who Can Be Held Responsible for an Accident Caused by Someone Operating a Vehicle for Business Purposes?

This is a common question for accident victims. Is it possible to hold both the at-fault driver’s employer and the driver him or herself responsible for your accident-related injuries? Under the law, there is a legal doctrine known as respondeat superior which is used to protect those who have been injured in accidents caused by employees or workers who cause crashes.

So, to answer the question, if an employee is operating a car, van or truck in the normal course of business for his or her job, and the employee causes an accident, it is possible, under Florida law, for the employer to be held responsible as well for the accident victim’s damages. Also, if the employee or worker was negligently operating the company car, big rig, delivery truck, etc., the employer might also be held responsible.

Proving Your Case

When making a claim against a driver’s employer, you will be required to demonstrate that the employee who caused the collision was within his or her “scope of employment” when the accident took place. That said, it is important for accident victims to seek legal guidance from a Fort Myers personal injury lawyer like Randall Spivey who can help ensure you obtain the evidence needed to obtain the best outcome possible.

There are several factors that courts take into consideration when considering whether or not an employee driver was operating in the scope of employment at the time of the crash. Such factors can include the type of work the employee does for the employer, the time of the collision, and the intent of the employee when the collision occurred (meaning was he or she performing a job-related function or doing something directly connected to the job).

Once those questions have been resolved, the court will look at what the worker did and whether or not those actions were done in furtherance of company business. Additionally, the court will need to know if the worker strayed from or went outside of his or her employment to commit the wrongful act, as well as whether or not the employer actually directed the worker to take those actions (or, due to the nature of the work, it can be assumed that the employer authorized or expected such actions to be taken).

There may also be issues with respect to the maintenance of the vehicle at issue -- if the employer owner failed to properly maintain the automobile, he or she can be held liable for the injuries sustained.  Given the intricacies of the law governing such accidents, a personal injury should be consulted as soon as possible after an accident involving a company vehicle. Contact the Spivey Law Firm, Personal Injury Attorneys, P.A. today.