If a car accident takes place in which the driver is performing his/her work duties for his/her employer, then there are certain employer liability. These cases usually take place with truck drivers when they are performing their duties for their employers, and if any accident takes place, then their employer are sued for the same. However, whether the employer is liable or not depends on various legal reasons and assigning responsibilities of the employer.
When is the Employer Liable?
There are two simple conditions when an employer can be held liable for the accident which occurred.
- First – Negligence on the part of employer
- Second – Vicarious liability
Negligence on the part of employer
When we say negligence of employer, it involves more than one point. They are – negligence in hiring the employee and negligence in maintaining proper surveillance.
Negligence in hiring the employee:
When an employer hires someone, it is crucial that they run a proper background check on the employee. Verifying whether the employee has a valid commercial driver’s license and proper driving skills or not, is also important. Furthermore, as a precaution, checking the past driving record of the employee is also wise. Drug testing is also one thing, which the employer can undertake, to verify whether the driver is safe and eligible for the duty or not.
If the employer did not perform any such actions before hiring the employee, then he/she might be considered liable for the accident that occurred and can be sued by the victim.
Negligence in maintaining proper surveillance:
Negligence in supervision is one more thing, which can verify that the employer is liable for the accident. Any employer is expected to keep a watch on the employee’s actions and make sure that all the safety norms are followed properly.
For instance, if the employer has hired a truck driver, then he is supposed to check on the following things:
- The truck driver must follow all the logging requirements.
- The cargo must be as per the weight determined by the state law.
Vicarious Liability
Vicarious liability does not have to prove that employer was negligent. In simple words, this type of liability is a doctrine of law, which means that the actions of the employee were the same as of the employer.
For instance, the employee asked the driver to deliver particular goods at a particular location and to return within a certain time frame. Now, if the driver takes a break for refreshments and the accidents takes place during that time period, then the employer is not liable. This is because the driver was not exactly on duty, but engaged in person chores. To know more details visit – lacaccidentpros.org.
Hiring an attorney might help:
There are certainly many more conditions and aspects involved rather than the ones mentioned above. If you are involved in an accident where you think the employer liability is an issue, then it is wise to hire an attorney right from the beginning of the case.
A learned and experienced attorney can explain you all the aspects of such a case and make sure that the case is strongly presented.