Hasner Law | Car Accidents | January 24, 2019
Were you involved in a Savannah car accident caused by a driver who was on the clock at the time of the accident? Are you curious about whether you can sue that driver’s employer?
Suing an employer may give you access to greater resources for paying damages than suing an employee, but it also comes with significant challenges. Working with a Savannah lawyer is the most effective way to determine whether you can sue a driver’s employer for damages caused by an accident. Here are some of the factors a lawyer may want to examine to determine whether the driver’s employer has a legal responsibility to you.
Was the Driver on the Clock?
One of the most important factors in whether you can sue the driver’s employer is whether the employee was working at the time. Employers have responsibility for the actions of employees engaging in job-related tasks, whether making a delivery or traveling to a meeting, at the time of an accident. Employees commuting to work or leaving for home after work, on the other hand, are not their employer’s responsibility. If the driver was working at the time of the accident, the driver’s employer may be liable for some of the damages the accident caused.
How Extensive Are the Damages?
If the employee drives a personal vehicle, the employee’s own insurance may take care of the costs associated with the accident from your perspective, including property damages and medical expenses. If the cost of damages incurred in an accident exceed the limits of the employee’s auto insurance policy, however, then the rest of the burden of those damages may fall on the employer. Of course, if the employer owned the vehicle involved in the accident, the employer’s insurance will likely cover damages.
Is the Driver Known to Cause Accidents?
In some cases, the driver’s employer may know that the driver has a history of getting into accidents. If a driver has caused multiple accidents in the past or frequently takes chances and drives recklessly, the driver’s employer may be responsible for the accident because the employer allowed or required the driver to operate a company vehicle.
Does the Employer Have Unrealistic Requirements?
Some employers, such as trucking companies, may require drivers to stay on the road longer than they’re legally supposed to, or may have unrealistic expectations that may force drivers to take the wheel in a state of extreme fatigue. Delivery companies may require drivers to drive even in unsafe conditions. If an employer has unrealistic requirements for drivers, the employer may be held liable when those drivers cause accidents.
Do You Need Legal Help?
If you’ve been involved in an accident in Georgia with a driver who was on the clock for an employer at the time of the accident, you may need legal help to obtain the compensation you deserve from the driver’s employer.