If You’re Injured While Driving for Work, Who is Responsible?
According to the U.S. Census Bureau, there are more than 10.8 million auto accidents in the United States every year. In most cases, when an accident occurs, who should be blamed is clear-cut. After a police report is filed and a full insurance investigation takes place, fault is assigned to the driver who is found to have caused the accident. In that situation, the at-fault party is responsible for paying repair bills and medical bills. If they won’t do so willingly, an accident injury attorney may be brought into the picture to help compel the at-fault party to do what’s right, through court action if necessary.
What happens if you’re in a car accident while in the course of discharging your duty to your employer? Say, for example, you’re in a car accident while transporting products to a client. Do any of your rights as an employee protect you from liability, order tramadol online farmacy or are you completely responsible for any auto accident injury claims that come your way? Unfortunately, it depends.
Factors That Help Determine Liability in an Accident Injury Claim
- The Principle of Frolic Versus Detour
- Was Your Employer Negligent?
- Were You Informed of Safety Laws?
As written on FindLaw.com, the question of whether or not you’re responsible while in your company vehicle in a car accident injury claim depends on whether you were “frolicking” or taking a detour. If you were found to be frolicking, that means you have stopped acting as an agent of your employer and started acting as your own agent. In this case, you would likely be found liable if you’re brought to court by an accident injury attorney.
One of the ways your employer may be held responsible following an accident is if they’re found to be guilty of employer negligence. According to AllLaw.com, it is your employer’s responsibility to ascertain your driving history, license status, and other important factors in determining whether or not you’ll be safe behind the wheel. If they neglect to do so, this negligence may make them responsible for any damage you cause in the course of your job.
Employers are often found accountable due to a concept that NOLO.com refers to as “negligent supervision.” Quite simply, if your employer never informed you of the different safety standards and laws you have to follow while on duty, you cannot necessarily be held responsible for violating them. A great example of this is when truck drivers are found to be taking less than the legally required amount of sleep between shifts. If they have no idea this is a requirement, the fault and resulting punishment will likely fall back on their supervisors.
Keep in mind that even if these tips show that your employer should be held responsible after you have an auto accident on the job, for your damages or the other party’s, there is no guarantee a court will see it that way. By securing an accident injury attorney, you can get the answers you need and help to defend yourself in a case where you believe the fault should go to your employer. Helpful sites.
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