When the Driver Who Hit You Was Working: Employer Liability Explained
If you’ve been injured in a crash and later learn the driver was working at the time, your claim might be much bigger than you thought. Employer liability car accident claims allow injured victims to pursue not just the negligent driver, but also the company they were working for. This legal concept, known as 'respondeat superior,' holds employers responsible for the actions of employees acting within the scope of their job. In this post, we’ll break down how employer liability works in auto accident claims, when it applies, and how Tulekyan Law can help you maximize compensation when an employee causes you harm.
Understanding Employer Liability Car Accident Claims
Employer liability arises when an employee causes harm while performing work-related duties. In California, if someone causes a crash while 'on the clock,' their employer can often be held financially responsible. This means that if you’re injured by a delivery driver, rideshare worker, or anyone operating a vehicle for their employer’s benefit, you may be able to sue both the driver and the company.
What Counts as 'Working' During an Accident?
Under California law, the key is whether the employee was acting within the 'course and scope' of their employment at the time of the crash. This includes:
- Driving a company vehicle
- Making deliveries
- Traveling between job sites
- Running employer errands
However, exceptions exist. Commuting to and from work usually doesn’t count unless the employer provides transportation or the trip benefits the company.
How Respondeat Superior Works
The legal doctrine of respondeat superior allows injury victims to hold employers vicariously liable for the acts of employees. This does not require the employer to have done anything wrong themselves. Liability flows from the relationship. The employer’s insurance policy typically becomes the target for compensation, which is beneficial, as companies tend to have much higher policy limits than individuals.
The Role of Commercial Insurance in Employer Liability
Employers are legally required to carry commercial auto insurance for company-owned vehicles. These policies often provide coverage limits in the hundreds of thousands or millions. If an employee crashes during a delivery or while transporting goods, that commercial policy becomes a key asset in recovering damages for medical bills, lost wages, and pain and suffering.
Negligent Hiring, Training, or Supervision
Even if the employee wasn’t technically acting within the scope of employment, you may still pursue the employer if they failed to screen, train, or supervise their staff properly. For example, hiring someone with a suspended license or DUI history to drive could constitute negligent hiring. This allows you to sue the employer directly, not just vicariously.
Examples of Employer Liability Car Accident Cases
- A plumber rushing to a job site rear-ends another driver. The company is liable.
- A FedEx driver hits a bicyclist during a delivery. FedEx can be held responsible.
- A food delivery driver crashes while picking up an order. The employer may share liability, depending on employment status and insurance coverage.
What If the Employer Denies Responsibility?
It’s common for companies to deny liability or claim the driver was 'off duty.' Your attorney can subpoena delivery logs, shift records, GPS data, and company policies to prove otherwise. Employers are often more concerned with limiting liability than doing what’s right. At Tulekyan Law, we know how to counter these tactics and build compelling cases.
Damages You Can Recover in an Employer Liability Case
When an employer is liable, you may be able to recover damages such as:
- Medical expenses
- Future treatment costs
- Lost wages and reduced earning capacity
- Pain and suffering
- Property damage
- Punitive damages in cases of gross negligence
The involvement of a corporate insurer typically raises the stakes and the value of the claim.
FAQ
Can I still sue the driver personally?
Yes. You can name both the employee and the employer in the same lawsuit.
What if the driver was using their personal car?
If they were using it for work purposes and with the employer’s knowledge, the company can still be liable.
Talk to Our Personal Injury Lawyers Today
If you’ve been hit by someone who was working at the time of the crash, don’t settle for just their personal insurance. Employer liability car accident claims can unlock access to much larger compensation and hold companies accountable for the actions of their drivers. At Tulekyan Law, we specialize in maximizing recovery in cases involving commercial vehicles and working drivers. Contact us today for a free consultation.
