(DuPage,
IL) – June 16th, 2016 – When a car accident takes place there
are usually some resulting damages. There are many factors which go into
determining who is going to be liable for the damages. Some of these factors
are things such as the state law in effect, who the at fault driver was, the
insurance policy, etc.
However, let’s look at how liability
fits into the equation when the accident is caused by someone who operates a
car or other vehicle as a part of his or her job. This is when employer
liability comes into play. For example, when we take the case of a commercial truck
driver causing an accident and his employer getting sued for the accident it is
basically employer liability explains DuPage, IL car accident lawyers.
Now in Fast and Furious 5, Dwayne
Johnson plays Agent Hobbs and
he runs his awesome and powerful vehicle into Dominic Toretto’s (Vin Diesel)
spectacular and gorgeous muscle car that he was working on. Now this was not an
accident, this was just to show everyone how upset Hobbs was with Toretto and
his team. But most likely you are not a special agent on foreign sale. In
America, anyone, even if they are a special agent not on official duty, can be
held liable if they crash their car into another car.
Your DuPage, IL car accident lawyer will want to see that police report. |
So whether the driver’s employer is in
any way legally liable for the accident depends on certain factors and
specifics of the accident.
Now Hobbs and his team had all the cool
stuff and gadgets but you do not have to be special trained to use this digital
gem of a website Accident.USAttorneys.com.
If you need legal help, this website is your solution.
When
can an employer be held liable for a car accident caused by an employee?
For the most part, there are two ways in
which an employer may be held responsible for a car accident. These categories
are, namely employer negligence and negligent supervision.
As per Illinois auto accident attorneys,
employer negligence is when the employee is found to have not carried out a
duty or responsibility at some point which led to the accident. So for example,
if an employer hired a driver without first checking that the person was in
fact qualified and licensed for the job, then this can be deemed as negligent
hiring and the employee can be sued and made to pay compensation for any accident claim.
Another example of employer negligence
would be failing to ensure that the company vehicle is serviced and in safe
operating condition.
Negligent supervision is also a form of
employer negligence and it refers to when the employer did not have acceptable
safety standards or training standards, etc, according to DuPage, IL car accident
lawyers.
Vicarious
Liability
Vicarious liability is different from
employer liability in the sense that it does not require the employer to be
directly negligent in anyway. Instead, the negligent actions and inactions of
an employee is simply directly seen in the eyes of the law as the employer’s
negligence and they can, in this way, be held responsible for whatever
transpired and the damages caused as a result.
To give you an example, if a driver who
is on duty goes to pick up a certain item for his employer and is involved in a
car accident – the employer can be vicariously liable.
However, if the employee has an auto
accident on a day off, then the employer cannot be held liable.
Meanwhile, if
you have suffered injuries and financial losses due in an auto accident,
make sure to obtain an auto accident lawyer in Illinois on board. Your legal
professional will explain what liability rules are applicable to your case and
how your legal rights can be protected.
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