In most cases, your employer can only be liable if you are considered an employee, not an independent contractor. For example, if a truck driver hit you, you would sue the trucking company, not the driver. Those injured in a workers' comp car accident will receive necessary medical care and a portion of any lost wages. You Could Create a Company Policy Concerning Liability for Car Accidents.
Since starting his firm in 1999, Stewart J. Guss has had the honor of representing clients from all over the world, helping them recover from even the most catastrophic injuries. If you can provide evidence that you are reasonably performing your work duties – even reasonable personal duties – during work hours, then you may be able to sue your employer to receive compensation for any injuries or damages that you sustain during work hours. Most injury attorneys offer a free consultation to accident victims. We understand you're coping with significant mental anguish, and we believe you deserve compensation for it. What If I Was Injured In A Car Accident While On The Clock. Up to now, we've only talked about cases where an employer is vicariously liable for an employee's negligence. Filing a car accident claim to get compensation for your damages can provide you with relief.
When we meet with car accident victims, their number one concern is paying for their medical bills. Some jobs require an employee to use their personal vehicle, such as outside sales, pizza delivery, and home health care. Neglecting to check a blind spot. US - 7 Important Things That US Business Owners Should Know If An Employee Is Involved In A Car Accident While On The Clock. If you were involved in an accident while driving a personal or company vehicle for work, contact Silkman Law Firm Injury & Accident Lawyer. In a similar way, a car accident caused by a single employee won't fall on the individual employee's shoulders but will be carried by the company at large. However, all motorists need to know that any admission of responsibility can be used against them later on. For example, in Uber and Lyft accidents, the rideshare apps have their own policies and insurance coverage. This is known as the "Going and Coming" rule.
Some injured motorists think they can negotiate an effective settlement on their own. Car accident while on the clock. This is one of the most important steps in the workers' compensation process. At John Foy & Associates, we always offer a free initial consultation so you can learn the best options for your case. Tend to any injuries. Injured motorists can also make many mistakes after an accident that dramatically reduce their ability to receive compensation.
The firm did not own the phone or the vehicle, but the plaintiff claimed that the company was liable because it encouraged employees to use their 'car phones' and lacked a policy governing safe cell phone use. If your claim is denied or your employer gives you a hard time, be sure to consult with an experienced workers' compensation lawyer to discuss your rights. Identifying all policies can substantially increase the amount of compensation available for your settlement. This is because these apps operate like a friend-finder app. The defendant could argue you have made your injuries worse because you did not follow medical advice. Car accident while on the clock tower. As a rideshare driver using your personal vehicle, you are required to carry a valid personal auto insurance policy.
You might think that your boss is automatically responsible for all your damages, but in some situations, both your employer and third parties share the liability. Following your report to the employer, you may be asked to visit a company-approved doctor and submit to drug and alcohol testing. Depending on your employment, you might be required to run errands, travel between locations, or be on call after regular business hours. I am a current employee of a small car dealership group (7 stores) and I recently backed into another vehicle on the lot. If you immediately say you feel "fine, " then the other motorist could argue that you are making up your injuries. This leaves workers personally responsible for the accident in many cases. When you alert them to the situation, know that you're not admitting fault or filing a claim. Instead, you are off the clock and therefore not under your employer's control. A rental car for a work-related trip to another city. For example, driving the wrong way on a one-way street. Car Accident While Driving for Work in Athens, GA? Get Help. Many companies will require drug testing for drivers recently involved in accidents. The specifics of a negligent entrustment claim can vary a bit under state law, but these are the typical requirements: In a case like this, proving the employer was negligent sometimes can be a challenge. Get the names of witnesses. You are installing appliances at houses throughout the day, and your wreck happens when you are driving from one installation location to the next.
Explaining how Florida law affects your case, including the state's lawsuit filing deadline. Negligence is when a person violates a duty of care toward you. If an employee causes a wreck while on a business trip, the employer can be held responsible for damages, although it might depend on whether the employee was actually working or not at the time of the crash. The amount you can receive will be reduced by your percentage of fault. It means that the employee's work duties—as dictated by the employer—required driving, at least sometimes. Car accident while off the clock. Your employer may have a general liability policy and a commercial vehicle insurance policy. These major companies' policy limits vary.