Learn Who is at Fault if You Are Involved in an Accident while Working
If you are at work when you are involved in a car or truck accident, you may wonder: Who can be found liable for the accident? Keep reading to learn the facts. If you have questions or need to speak to a truck and car accident attorney, contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
There Are Several Factors That Will Determine Responsibility
Whether you are driving your own vehicle or a vehicle owned by your employer, who is responsible will be dependent on several factors. The main issue is whether or not you were actively working at the time of the accident, or if you were traveling to or from work. These accidents can be complex and we always recommend that you at least consult with a personal injury attorney who understands the complexities of both workplace accidents and vehicle accidents.
A Lot of it Comes Down to Vicarious Liability
If you are driving for work at the time of an accident, then your employer can be found liable and be required to compensate victims for their damages. However, you must be able to prove at least one of the following:
- You were conducting approved business when the accident occurred
- You were doing the job you were hired to do at the time of the accident
- Your employer was benefitting from the actions you were taking when the accident happened
In short, if you were actively working at the time of your job, then your employer may be held responsible through vicarious liability. In this event, their insurance company should cover all third-party damages that are covered by their policy. These damages could include (but are not limited to) medical costs, lost wages, and pain and suffering.
Your Employer May Not Be Responsible for Your Accident
In other instances, it’s entirely possible that your employer will not be liable at all for your accident. This will be true if the accident was caused by a third-party or if you were not working within the scope of your job at the time of the accident. Note that if the cause of the accident was a third-party, you could be eligible to receive workers’ compensation.
What to Do if You Were Driving to or From Work at the Time of the Accident
One of the most complex situations is when you are driving to or from work, whether before work, after work, or during a break. This is a gray area and you will need the help of a personal injury attorney to find out what your best options are. You can contact Law Offices of Fernando D. Vargas at 909-982-0707 now for a free legal consultation.