If a traffic accident happens when the
driver is operating a vehicle while on duty for his or her employer, then it
may not only be the driver who can be held liable for the auto accident. In
some cases, the employer could also be liable according to Columbus, OH
accident lawyers.
No one is exempt from a car accident. |
Such employer liability is most often
seen in cases of commercial truck accidents. However, whether or not an
employer can be held liable for an auto accident depends on whether there is
any legal reason why the company would be responsible for the car accident.
If you happen to be affected by an auto accident
caused by a driver who was on duty for his or her employer then you may be able
to sue the company/employer in order to recover damages. Talk to a legal pro in
your state as soon as possible to understand if the employer is liable or not
in your particular accident insurance claim or personal injury
lawsuit.
There are basically two legal concepts
by which employer negligence arises, namely employer negligence and vicarious
liability.
Employer negligence
Employer negligence, as the name
suggests, is when the employer does something negligent which resulted in
causing the accident or fails to do something they reasonably should have in
order to prevent the car accident. For instance, if an employer hires a driver
who is not qualified for the job or hires a driver who is not a safe driver as
his driving records suggest, then the company can be held liable for the auto accident
courtesy of employer negligence, in the opinion of Ohio accident attorneys.
Now if you want to see people cause an
auto accident just watch Fast and Furious or Fast and Furious 4 to be more
precise. At the end of that movie, Dominic Toretto (Vin Diesel) is sentenced to
dozens and dozens of years in prison for his crimes but fortunately for him, he
has some friends that are not afraid to take extreme risks and not afraid to
live in hiding which you can do quite easily in most parts of this world.
Dominic Toretto’s sister and his friends
flip the prison bus over breaking Toretto loose and then flee out of the
country in which they end up in Brazil. This major auto accident was astonishing
but plausible. It is also against the law for a variety of reasons.
Generally and moreover, a company is
responsible for ensuring that they hire drivers who have valid commercial
driving licenses, a safe driving record, and so on. Some employers even take
additional precautions such as subjecting their drivers to drug tests prior to
hiring them.
Vicarious liability
Vicarious liability is a legal principle
where even though the employer was not explicitly negligent in any way or form,
they could still be held liable for a car accident caused by their employer
courtesy of a legal principle known as respondeat superior.
This term states that the actions of an
agent are for all legal purposes considered the same as the actions of the
principle. In an employer/employee case, the employer can be regarded the
principle and the employee the agent, explain Columbus, OH accident lawyers who
can be obtained if you press right here Accident.USAttorneys.com.
Negligent supervision
A third way in which an employer, in
some states, can be held responsible for a car accident caused by their
employee is called negligent supervision. Negligent supervision dictates that
employers must have acceptable standards of safety policies and procedures,
training, and methods to ensure that their employers comply with the safety
standards and failing any of this, they could be held liable for an auto
accident caused by an employee.
If you are injured
in an auto accident and seek compensation then you should reach out
to an Ohio accident lawyer to learn how much your claim is worth.
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