Employer Liability in Auto Accident Cases

If an auto accident happens while a person is driving in order to execute something for her or his employer or an individual’s work duties, there may be an employer liability. Most often, this is an issue in cases in which a commercial vehicle or truck driver causes an auto accident, leading to an employer being sued. Whether or not, in any case an employer will be entirely reliable is based on whether there is certain legal reason to assign responsibility to the employer.

In which grounds does employer liability occur?

There are basically two main ways in which an employer can be responsible for an auto accident caused by the employee. These are vicarious liability and negligence from the employer’s side.

Vicarious Liability

This kind of liability does not necessarily mean that the employer is negligent in any manner. It is actually a doctrine lf law, which asserts that the agent’s actions are essentially similar or equal to the actions of any principle governing or directing the agent. In this case, the principle is the employer and agents refer to the employees. It simply implies that when the principle directs the agent (employee) to do something, it is just as if is the one doing it. However, this rule is applicable if the employee is in the process of performing something for the employer at the time of accident.

Employer Negligence

For instance, this kind of negligence may involve the employee’s negligence in supervision or negligent recruiting of the employee. When an organization employees a driver to be driving the company’s vehicle, it is the duties and responsibilities of an employer to ensure that there is a reasonable due diligence so to determine that the driver has all the necessary qualifications and the required experience. This means that the driver should have a commercial driver’s license, which is good standing.

Negligent Supervision

This is yet another way in which an employer can be held responsible for an auto accident caused by an employee. Therefore, any employer should establish safety policies within the company and make sure that their drivers always comply with state safety laws. Therefore, an employer should ensure that the employees follow all requirements of logging set by state and federal law. For instance, for a commercial vehicle, the driver should make sure that the cargo is correctly weighed and loaded. In this case, if an employer does not supervise this, then he or she is held liable for negligence.

Conclusively, it is recommended to seek the advice of an auto accident lawyer, if it happens to get involved in such an accident where employer liability might turn out to be a problem.