Seeing as there are over 227 million drivers in the US and, sadly, more than six million car accidents occur in the country every year, if you run a business that involves employees driving vehicles on the road, it is more than possible that an employee will be involved in a car accident while on the clock at some point.
Therefore, you should familiarize yourself with the following seven important things ahead of time so that you can be prepared and know what to do when one of your workers is in a traffic accident.
1. You Could Have Vicarious Liability
First and foremost, you need to know that if an employee who is driving a company vehicle is involved in a car accident, you could be liable for any damages that result from the accident.
However, things are not always that straightforward. The legalities concerning liability will depend on the specific circumstances.
Generally, when your employees are involved in a road accident that is their fault and which causes harm to someone else, while driving a company car in the US, as the employer, you will probably have vicarious liability.
That refers to a personal injury concept in which employers are liable for employees’ careless conduct.
Your liability is dependent on the employee’s negligence that results in harm to another driver, a passenger, a cyclist, or a pedestrian.
2. If an Employee Is on the Clock, You Could Be Liable
You could well have vicarious liability if your employee is involved in a car accident while on the clock and performing work-related activities.
However, even if the employee is conducting non-work-related activities, such as running personal errands, if he or she is driving a company vehicle during work hours and is involved in a road accident, the employer can still be liable.
3. Not All States Have the Same Rules
It is important that you check what the laws are in your state concerning employer and employee liability for accidents that happen in company cars, as different states in the US have different laws.
In many states, it is always the owner of the vehicle who is liable for any injuries caused by employee drivers. But you should check the exact legal rules for your specific state.
4. Failure to Maintain Vehicles Properly Can Result in Employer Liability
Regardless of other factors, the condition of the car can also determine whether employers are liable for employee car accidents.
For instance, if an accident happens because you, as an employer, failed to maintain the vehicle correctly, you could be liable for the accident.
5. The Classification of Your Workers Can Make a Difference to Liability
When it comes to establishing liability after an accident in a company car, the classification of the worker involved in the accident can make a big difference as to who is legally responsible.
The above information pertains to employees, but if you hire contractors or freelancers and they are the ones who are involved in car accidents, you will often, but not always, be non-accountable.
6. You Should Get Expert and Specialist Help in Your City, e.g. Chicago
The best way to determine whether you are liable for the actions of an employee who is involved in a car accident while operating a company vehicle is to get legal help.
An experienced lawyer will know precisely what the legal situation is and will be able to help you in multiple ways should someone file a car accident claim against you.
Make sure you look for a reputable lawyer in your local area, such as Chicago, so that you have a professional on board who knows all the local state laws and who is easily accessible.
7. You Could Create a Company Policy Concerning Liability for Car Accidents
As an employer, you could have a legal company policy in place that either makes you liable or excludes you from liability should an employee be involved in a car accident while driving a company vehicle.
You should consult a lawyer to find out what company policies you could put in place to best serve you and your company.
