Many occupations require employees to be on the road. From travelling salesmen
to truck drivers, millions of people are required by their employers to
travel and be accessible. When accessibility interferes with driving,
accidents can happen and, when they do, it can create questions of who
is at fault. Is it the employee or the employer?
In most cases, if a person is driving for work, becomes distracted, and
causes an accident, the employer can be held liable. This includes circumstances
in which accidents are caused when an employee is:
Texting, video chatting, or otherwise talking on the phone (Employers can be held liable even if the driver’s text or phone
conversation was not work-related.)
- Grooming or putting on makeup
- Driving at especially late or early hours or drove for a significant amount
of time after work
It may seem odd that an employer could be held liable for such behaviors,
but the law requires all businesses and business owners to provide proper
safety training and make sure their employees follow all laws and regulations,
to which traffic laws are no exception. In any of the above circumstances,
an employer could be held liable for counts of negligent supervision.
However, an employer could also be charged with vicarious liability, which
occurs when an employee is involved in a car accident as a result of work-related
distractions. Negligent supervision and vicarious liability are the two
primary legal pathways to holding an employer liable in a car accident
caused by an employee.
If you have been harmed in a car accident that was caused by a distracted
driver who was driving for work, holding their employer liable for the
damages you have suffered may be the best way to receive the compensation
you deserve. Car accidents can do serious physical, financial, and emotional
damage, and the cost of such damages adds up over time. Don’t wait
to start making your case. Get in touch with our
Greenwich car accident attorneys today and let our team at
Ivey Barnum & O’Mara, LLC help you get the results you deserve.
Call us at (203) 718-4002 or schedule a free case evaluation