Car accidents are common occurrences, and injured drivers often pursue insurance claims and personal injury lawsuits to recover fair compensation. If you are injured in an accident with a company vehicle, you may not only sue the driver, but possibly the company they work for. Our legal team can help you get started.
If you are involved in an accident with a company vehicle, the driver and their employer may be on the hook for your damages. The driver may be held directly liable, while the company may be vicariously liable. However, vicarious liability might not apply if the driver was off-duty or driving the company vehicle without authorization. Even so, the company might be held directly liable if it knew the driver could not be trusted with the vehicle but hired them anyway.
For a free, private legal assessment, call our Arkansas car accident lawyers at (479) 316-0438.
Who Can You Sue After an Accident with a Company Vehicle in Arkansas?
After a car accident, you should speak to a lawyer as soon as possible about your legal options. Not only can you sue the driver of the vehicle that hit you, but their employer might also be liable if they owned the vehicle.
The Driver
First, you may sue the driver of the vehicle. In most cases, the driver is the one directly responsible for the accident. Common causes include, but are not limited to…
- Speeding
- Distracted driving
- Failing to stop for red lights
- Ignoring stop signs
- Reckless driving
The cause of your accident may differ, but we should thoroughly investigate the other driver’s actions.
The Driver’s Employer
If our Batesville, AR car accident lawyers learn that the at-fault driver’s vehicle is actually a company vehicle, their employer may be involved in the case. An employer may be held liable for injuries their negligent employees cause while working within the scope of their job.
How Can a Driver’s Employer Be Held Liable for a Car Accident?
Holding the driver’s employer responsible for the accident may be possible under several circumstances. Talk to your lawyer to determine if any of these circumstances apply in your case.
Vicarious Liability
One of the most common ways that employers are held liable for accidents is vicarious liability. This comes from a legal concept known as respondeat superior, where an employer may be held responsible for injuries caused by a negligent employee.
The key is that the employee must have caused injuries while acting in furtherance of their job duties. Vicarious liability may not apply if the employee was driving the vehicle without authorization or using it for personal reasons.
Independent Contractors and Employees
An important thing to understand about vicarious liability is that it applies only to employers and employees. If the person driving the company vehicle is not an employee of that company, the company may not be held vicariously liability.
This issue often comes up when the driver is not an employee but an independent contractor. While the work may appear the same, there is a legal distinction between independent contractors and employees. We can check with the employer to see how the driver was hired.
Negligent Hiring
Even if we cannot have the driver’s employer held vicariously liable, they might still be directly liable. For example, a common method of holding an employer directly liable for an accident is to argue negligent hiring.
This argument may arise if the driver was unfit for the job or otherwise unsafe to be on the road, and the employer knew this when they hired them. Drivers often go through background checks before being hired, so the employer should have known better than to hire them.
What if You Are in an Accident in a Vehicle Owned by Your Employer?
Your legal options may change significantly if you are injured in an accident involving a vehicle owned by the company you work for. Depending on the facts of the case, you might not be able to sue your employer for the accident.
Workers’ Compensation
To file a Workers’ Compensation claim, the accident must be sufficiently work-related. This usually means the accident happens during normal business hours in a place where you would normally do your job while you are on the clock.
Workers’ Compensation generally covers medical expenses and a portion of your lost income. A bright side of Workers’ Compensation is that you do not need to prove fault to be awarded benefits.
Lawsuit Options
While Workers’ Compensation can be helpful, it comes with a few drawbacks. Under Workers’ Compensation laws, injured employees cannot sue their employers for work-related accidents. Not every accident in a company car is actually work-related, so this restriction might not apply to your case.
When this limitation does apply, it does not stop all lawsuits. If third parties unrelated to your employer are responsible for the accident, even partially, you may sue them. For example, you can usually sue the other driver in a crash.
FAQs About Filing a Lawsuit After an Accident with a Company Vehicle in Arkansas
Who Can You Sue if You Are in an Accident with a Company Vehicle?
If you are injured in an accident with a company vehicle, you may be able to sue both the driver of the vehicle and their employer. The driver may be directly liable for the accident, while the company may be vicariously liable for employing the driver.
Can You Sue if You Are Hit by a Vehicle Owned by the Company You Work For?
If the company that owns the vehicle that hits you is the same company you work for, you may file a Workers’ Compensation claim. You likely cannot sue your employer, as Workers’ Compensation laws prohibit lawsuits by employees against their employers and coworkers for work-related accidents.
However, you may sue third parties, like outside drivers.
Can You Sue More than One Defendant in a Car Accident Lawsuit?
Yes. You may sue as many people as are necessary if more than one person is responsible for the accident. This may include the driver of the vehicle, their employer, other drivers, and anyone else we have reason to believe is at fault.
Who is Responsible for an Accident with a Company Vehicle if the Driver Was Intoxicated?
If the driver was intoxicated, their employer may not be held vicariously liable. However, if we can prove that the employer knew the driver had a history of alcohol abuse or drunk driving, we may sue the employer for negligent hiring.
Get Legal Support Now from Our Arkansas Car Accident Attorneys
For a free, private legal assessment, call our Bella Vista, AR car accident lawyers at (479) 316-0438.