If you were injured by a driver who caused a car accident while on company time, you might be wondering whether you can sue the employer — as well as the employee who was operating the vehicle. Generally, an employer can be held responsible for the negligent actions of an employee if an accident occurred during the scope of employment. However, there are a number of variables that can come into play that determine an employer’s liability.

Is an Employer Liable for an Employee’s Car Accident While on Company Time?

Many people drive company cars or are required to operate motor vehicles as part of their job. Unfortunately, just because someone is driving as part of their employment does not mean accidents cannot happen. If an accident arises due to an employee’s negligence when they are making deliveries, running errands for the company, or traveling to meet with clients, both the employee and their employer may be held liable for any injuries that occur.

The key question when determining an employer’s liability for a car accident is whether the employee was acting within the scope of their employment at the time of the collision. However, there may be other limited situations where an employer may be responsible for an employee’s car accident while on company time.

Specifically, an employer might be held liable under the following theories:

• Vicarious liability — Also referred to as “respondeat superior,” vicarious liability essentially means that an employer can be held accountable for the negligence of an employee who is acting within the scope of their employment.
• Employer negligence — An employer may be legally responsible if their negligence in hiring or training an employee contributed to the accident. For instance, they may have hired a driver with a history of unsafe driving or established policies that effectively encourage speeding. An employer may also be liable if their failure to properly maintain a company vehicle caused the crash.
• Negligent supervision — If the employer’s failure to properly supervise their employee caused the collision, both the employer and the employee may be named in a personal injury action.

The Coming and Going Rule

An employer’s liability for an employee’s car accident while on company time is fact-specific. Under the “coming and going” rule, employers are not liable for car accidents that occur while an employee is commuting to and from work. Although commutes are typically seen as personal activities, there are exceptions in situations such as when an employee was running a work errand for an employer during their commute.

Even if a driver was on the clock, an employer may not be held liable for any collisions that occur if an employee was acting outside the scope of their employment. For example, if an employee used a company car for personal errands, an employer usually would not be responsible for the employee’s conduct.

Is an Employer Liable for Car Accident Injuries to an Employee?

If you were injured in a car accident while on company time, you may be wondering what legal options you might have. Whether the crash was your fault or not, Workers’ Compensation may cover your medical expenses and lost wages. However, these benefits may not cover the full extent of your damages.

Typically, you can’t sue your employer for an accident that occurred on the job — even if a co-worker was driving the vehicle and you were injured as a passenger. But you may be entitled to pursue a personal injury lawsuit against other drivers who contributed to the crash, or a manufacturer if a defective part caused the accident. In cases where a defective road condition caused the collision, a lawsuit may be brought against the municipality that failed to properly maintain the road.

Regardless of whether you receive Workers’ Compensation benefits, you can still pursue a personal injury action if another party’s negligence is to blame for your injuries.

Contact an Experienced Washington Personal Injury Attorney

If you were hurt in a car accident with a driver who was on company time, it is critical to have a personal injury attorney by your side who can help you recover your damages. The Bellingham personal injury attorneys at Robinson & Kole provide trusted representation to car accident victims throughout Washington State and work tirelessly to obtain the maximum monetary recovery to which they are entitled.

We welcome you to contact us for a free consultation by calling 360-671-8112 or by using our online contact form. Se habla Español.