What happens when someone is in a car accident with a distracted driver who is using his or her vehicle for work-related reasons? Is the driver’s employer responsible for providing the victim with compensation for their injuries?
The answer is yes.
There are two primary legal concerns for employers who require their employees to drive: vicarious liability and negligent entrustment.
Through vicarious liability, an employer is responsible for the negligence which occurs within “the scope of the employee’s work duties.” This means that if a worker is using their phone while driving, and there’s a collision, the employer can be held vicariously liable.
Furthermore, employers can also be found liable through negligent entrustment, meaning they required an employee to drive for work regardless of the present risks associated with that particular employee, such as a history of drunk driving or traffic citations. The employer, who is negligent in hiring that driver, or in supervising him or her as he or she drove the car as part of the job, can be legally liable for any accidents caused by the employee.
If you suffered a serious injury caused by a distracted driver who was performing job duties while driving, you may be eligible to pursue legal action against the employee and their employer. Welebir | Tierney is committed to helping you recover the compensation necessary to pay for medical bills, lost wages, as well as pain and suffering.
Contact our San Bernardino personal injury attorneys at Welebir | Tierney and request a free consultation today.