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Employer Liability in a Car Accident By: Heath C. Murphy + – Personal Injury When Does the Employer Become Liable for an Employee’s Car Accident If you have been involved in a car accident caused by someone who is working there are two basic ways in which the employer may be held liable; active negligence […]
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Employer Liability in a Car Accident
By: Heath C. Murphy + – Personal Injury
When Does the Employer Become Liable for an Employee’s Car Accident
If you have been involved in a car accident caused by someone who is working there are two basic ways in which the employer may be held liable; active negligence or vicarious liability. Active negligence can either be negligent maintenance of a company vehicle or negligent hiring or supervision of the employee.
1. Negligent Maintenance of Company Vehicle – The employer is required to take reasonable care of the vehicles which they put on the road. Examples of negligent maintenance might include, bad brakes, bad tires or improper loading.
2. Negligent Hiring or Supervision – The employer also has a duty to hire qualified personnel and to supervise their employees in a non-negligent manner. Examples might include hiring a truck driver without a CDL license or allowing drivers to drive beyond the lawful hours which they are permitted.
3. Vicarious Liability – To be held liable for the actions of its employees, an employer is not required to be negligent. Vicarious liability is a doctrine of law that basically asserts that employers are liable for the actions of their employees provided the employee is acting within scope of his employment. Simply put, if the employer sends an employee out to purchase supplies and the employee causes a car accident, the employer will be liable. If, however, the employee deviates from the employer’s directive and stops at home to take a nap and causes a car accident, the employer may not be liable.
Does it Matter Who Owns the Car?
It does not matter who owns the car for the purposes of establishing liability. If the employee is acting within the scope of his/her duties it does not matter whose car is being driven, the employer will face vicarious liability. The issue of whose car was driven may matter as to whether the employer’s auto insurance will pay, however. Obviously, if the employee is driving an employer owned vehicle, the employer’s car insurance policy will be available.
Contact Jones Law Group
Have you or a loved one been injured in a car accident? Contact an experienced St. Petersburg personal injury lawyer at Jones Law Group today. When you contact our office we will immediately set an appointment where you will meet your attorney and be provided with his/her personal contact information. If you do not have transportation or you cannot drive, your attorney will travel to meet you and discuss your case with you. We understand traumatic brain injuries and the issues that they can cause in your daily life and our law firm will always work to make sure you are compensated fairly.
Whether you were a pedestrian, a bicyclist, or the occupant of car, motorcycle or boat and have been injured in an accident, you should immediately call an experienced personal injury attorney in St. Petersburg at Jones Law Group at (727) 571-1333 during regular business hours or (727) 753-8657 on weekends or after regular business hours. We will evaluate your case for free and you will never pay us a dime unless we recover compensation for your injuries.
Jones Law Group
5622 Central Avenue
St. Pete, FL 33707
Summary: Car accidents can be overwhelming, leaving you with not only physical injuries but also a slew of practical concerns. The biggest will likely be getting the money to which you’re entitled from your insurance company. The following is a look at how to use your car insurance after an accident. The Jones Law Group […]
If you’re a motorcycle enthusiast, you know exactly how exhilarating – and just plain fun – it is to ride. There’s just something about it that’s hard to explain to those who don’t. It’s even better when you ride with friends. The sense of camaraderie can’t be topped. Unfortunately, far too many motorcyclists are injured […]
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Any sort of catastrophic injury, no matter what happens to cause it, will typically result in a lifetime of pain, misery and debilitation. When that injury is due to someone else’s negligence, such as when the driver of a car hits a motorcycle, or a careless truck driver collides with a passenger vehicle, that can […]
Nearly any kind of personal injury accident can lead to a broken bone. Many people underestimate the impact of a broken or fractured bone (essentially the same thing) on a person’s quality of life. Broken bones happen to thousands of people daily – about 7.6 million people break a bone yearly. If you’ve suffered a […]
While in theory any part of the body is vulnerable to harm in a crash, some car accident injuries are more common than others. Summary Any accident involving a motor vehicle can result in catastrophic injuries. A commercial truck could crush the top of a car. A motorcyclist could be thrown from their bike after […]
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Call our personal injury law office directly at (727) 512-9847
Jones Law Group is a dedicated personal injury lawyer in St. Petersburg, FL, serving the Tampa Bay area since 2006. Our experienced attorneys specialize in car accidents, slip and fall cases, employment law disputes, construction law issues, and overtime wage claims, fighting for maximum compensation on a contingency fee basis. Contact us for a free consultation to discuss your case.
Call our personal injury law office at (727) 512-9847
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