How to Prove Negligence in a Company Vehicle Crash
The aftermath of a car accident is often complicated, and it can be even more confusing when one or more drivers were in company vehicles. Just like any type of car accident claim, you still need to prove negligence and liability for a crash when someone was in a company car.
In this type of situation, you should never delay in discussing your options with a South Carolina car accident lawyer.
When You are in a Company Car
When someone else crashes into your company vehicle, you need to show you were not responsible for the accident. Doing so can entitle you to compensation from the at-fault driver’s insurance company for your injuries and losses.
Establishing fault for a crash requires you to prove the other driver was negligent in causing the accident. Negligence occurs when a driver departs from their duty to abide by traffic laws and drive safely to avoid injuries.
Some examples of negligence by a driver include:
- Distracted driving
- Aggressive driving
- Speeding
- Running red lights
- Failure to yield
- Impaired driving
Many other actions on the road can constitute negligence and establish that the other driver should be responsible for your injuries and damage to the company car you were driving. Always seek help from a car accident attorney who knows how to gather and present persuasive evidence of driver negligence.
When the Other Driver is in a Company Car
When a driver in a company car hits you, additional legal principles might come into play. This is because being in a company car might indicate the driver was working when they caused the crash.
Vicarious liability - also known as respondent superior - is a legal principle that holds employers responsible for the actions of their employees when those actions occur within the scope of employment. In the context of a car accident, if a driver is on the job and causes an accident, their employer may be held vicariously liable for the damages.
For example, if a delivery driver causes a crash while making a delivery, the employer can be held responsible for any injuries or property damage resulting from the accident. This is based on the understanding that the driver was performing job-related duties at the time of the incident.
Key points regarding vicarious liability in on-the-job accidents include:
- Scope of employment - The accident must occur while the employee is performing tasks within the scope of their job. If the employee is engaged in personal activities unrelated to work at the time of the accident, vicarious liability may not apply.
- Employer’s responsibility - If an employee’s negligence leads to an accident, the employer can also be held responsible.
- Insurance coverage - Employers typically have commercial auto insurance that covers accidents caused by employees while on the job. This insurance can provide compensation for the injured party.
Consult with a South Carolina Car Accident Attorney Today
If you were in an accident involving a company car, it’s important to consult with a car accident lawyer immediately. We can assess the circumstances, determine if vicarious liability applies, and help you prove negligence to seek fair compensation for your injuries and damages.
The Law Office of D. Craig Brown, LLC, is ready to help, so please contact us for a free case evaluation.