Can I Sue a Business if Their Employee Gets into a Car Accident with Me?
Yes, you can file a personal injury claim against another driver that hits you, but you may also be able to file a personal injury claim against the company they were working for if they were on the clock or driving a company vehicle at the time of the crash. It’s best to speak to an attorney to determine whether or not you should file suit against the driver and the company, or just the driver, because there are a number of factors to consider when determining who to sue.
Employers can be held liable for their employees’ negligent acts in a number of situations. Generally, employers are not responsible for their employee’s negligence when the employee is driving to or from work; however, if the employee is driving to work with the intent to use the car or complete tasks for their employer while at work then the employer may be liable for the accident. For example, if a pizza delivery man is driving to work and gets in an accident then the pizza company he works for may be held liable for the accident since the employee was driving to work where they were going to use their car to complete their work. On the other hand, if a McDonald’s cashier got into a car accident on the way to work then McDonald’s would not be liable since the McDonald’s cashier is not required to bring their car to work.
Likewise, if an employee gets into a car accident while they are working or completing a task for their employer then their employer can be held liable for the employee’s actions. For instance, if the pizza delivery man from the example above got into an accident while he was in the process of delivering a pizza then the pizza company can be held liable for the driver’s negligent acts. An employer can also be held liable for negligent hiring if an employee gets into a car accident while working for the employer. In those situations, you will be successful in bringing a negligent hiring claim if you can prove the employer knew the employee had a history of bad driving and the employer still hired the employee to drive.
Regardless of who you are involved in an accident with, your health should always be your number one priority after an accident, so make sure you call 911 and receive immediate medical care if necessary. Once you’re in good health, contact an attorney immediately to determine what your next step should be. Your attorney can speak to you about the value of your case, who is liable in your case and whether or not you can sue the other driver’s employer. Oftentimes, employees are not in uniform or they don’t disclose that they were working at the time of the accident, so it’s important for you to speak to an experienced attorney who has the resources to investigate the individuals involved in your case to determine who can be held liable for your damages. It’s also important for you to speak to an experienced attorney to determine whether or not the driver’s employer is liable because employers generally carry far greater amounts of insurance than an individual driver. If the other driver’s employer is liable, then there will probably be substantially more insurance money available to cover the damages in your case.
If you have been injured in an auto accident, call the Law Office of Matthew C. Williams. We can represent you in your car accident claim and answer any questions you have about the process of filing a personal injury claim or determining who is liable. Attorney Williams treats his clients like family because he knows what they are dealing with is always more than just a case, and he refuses to let adjusters, defense lawyers, or big insurance stand in the way of getting his clients what they deserve. He obtains results for his clients and he’ll do the same for you for you, so give The Law Office of Matthew Williams a call to find out what your case is worth today.