When an employee causes an auto accident while performing his or her duty at work, the employer can be held liable for the accident. However, employer’s liability is determined based on legal responsibility. Generally, there are two main ways to hold an employer liable for an auto accident caused by the employee, negligence on the part of the employer and vicarious liability.
Employer negligence may include negligent hiring of the employee or negligent supervision of the employee.
Negligent hiring of employee
When an employer hires someone who will be driving a company vehicle, it is the responsibility of the employer to make sure that he employs a driver who has the right skills and training required to drive safely.
In the case of driving a commercial vehicle, it is the responsibility of the employer to make sure that the employee has a commercial driving license that is in good standing and has not been suspended. Sometimes, an employer may also take additional precautions like checking the past driving record or performing drug testing.
Another way in which an employer can be held liable in an accident caused by an employee is negligent supervision. It is the responsibility of an employer to have reasonable safety policies in place and to make sure that all employees comply with the safety laws. For instance, if an employer has a truck driver working for the company, he or she should make sure that the driver follows logging requirements set by the federal and state laws. He or she must also make sure that the cargo is properly weighed and loaded. Failure to supervise properly can make the employer liable for accidents.
Vicarious liability is a doctrinal law which asserts that the action of an employee is essentially the same as the action of his or her employer. This means, when the employer tells an employee to do something, it is just as if the employer is the one acting. However, this rule only applies if the employee is actually in the process of doing something for the employer at the time when the accident happened.
Contact an Auto Accident Lawyer Today
If you or a loved one has been injured in an auto accident, contact auto accident lawyers at The Reinken Law Firm to help you make a claim. We offer personalized attention and a free consultation to discuss your auto accident. You owe no fees unless we recover through verdict or settlement. Contact us online or call 203-541-0090 to schedule your free consultation today.