If you are involved in an injury accident with a driver who is performing the duties of their job, the driver’s employer may be liable for your injuries if the employee injures someone while working. Whether you are injured while driving, as a pedestrian or as a passenger in the employee’s car, he or she uses on the job, employer liability may factor into compensation for your injuries if the employee is working.
Of course, there is always the question of whether an employee was working when the accident occurred. The rule of thumb that applies is that any time someone is performing work-related duties, they may be considered to be on-the-job. Even if an employee traveling from point A to B gets into an accident when squeezing in a personal errand along the way, the company may be liable.
An employee commuting back and forth to work does not usually apply here even if a company car is provided. However, if an employee has to make work related stops on the way into their usual place of business or they are sent to another job site, the company may be on the hook.
If you are injured in an accident at the hands of a driver performing the duties of their job – which may or may not be obvious at the time of the accident – you will not only seek compensation from the driver’s personal automobile liability insurance company, but also the employer’s business insurance company. Having more then one party to hold responsible can make all the difference in the compensation you receive, especially if the at fault driver is under insured.
If you are injured and you suspect the driver might have been working at the time of the accident, it is important to find out if the company may also be responsible. If your injuries are significant and the employer is arguing the employee was not working at the time of the accident, it is time consider hiring an attorney. If you have been involved in an Iowa car accident or truck accident, contact the personal injury Law Offices of McDonald, Woodward & Carlson PC for immediate assistance at 563-355-6478.