Determining Fault in a Car Accident With a Company Vehicle

One of the jobs of your San Antonio car accident lawyer is to identify all potential at-fault parties and avenues for financial recovery. In some cases, an at-fault driver is working at the time of the accident. Due to a legal concept called respondeat superior, employers can be held responsible for the negligent actions of their employees acting within the scope of their work when they cause injuries to others.

Having a legal claim against an employer may help you maximize your compensation. The at-fault driver’s employer may have more financial resources available to pay for the medical expenses, lost wages, and pain and suffering you endured. However, the employer may try to fight aggressively to avoid its exposure to liability. The car accident lawyers of The Aguirre Law Firm, PLLC can help you navigate the complex process of pursuing compensation against a business.

What Do I Have to Prove to Show the Employer Is Liable?

Employers are responsible for maintaining the vehicles they provide employees with for their jobs. Additionally, if they require employees to drive as part of their jobs, they assume liability for collisions their employees cause while driving, even if they are driving their own personal vehicles. This standard applies to commercial vehicles, delivery vehicles, vehicles branded with the company information, and personal vehicles that employees use to transport materials, drive between job sites, attend company meetings, and perform other work-related duties.

To prove liability in a car crash involving a personal vehicle while an employee was working, you must be able to show the following:

• The driver is an employee of a company – Companies are not responsible for the negligence of independent contractors they hire.
• The driver was working at the time of the accident – Employers are not responsible for accidents in which the employee was tending to personal matters or was commuting to or from work.

Because employers have a vested interest in not taking responsibility for their employees’ actions in causing motor vehicle accidents, it’s important you work with an experienced attorney who can investigate the case to determine what the employee was doing near the time of the accident. A lawyer can gather evidence to prove your case, which might include:

• Event data recorders in the vehicle
• Onboard video cameras
• Photos of the accident scene
• Personnel records
• Maintenance records

What Should I Do If I Suspect the At-Fault Driver Was Working at the Time of the Accident?

Follow these steps to protect your legal rights in this situation:

• Call 911 to report the accident.
• Exchange information with the other driver, specifically asking for information regarding the employer and their insurance information.
• Take pictures of the accident scene and the company vehicle.
• Seek immediate medical attention.
• Order a copy of the accident report.
• Do not talk to insurance companies.

Finally, reach out to an experienced car accident lawyer who can guide you through the next steps of the personal injury process.

Contact an Experienced Car Accident Lawyer for Help

If you suspect a company vehicle was involved in a car accident, a San Antonio injury attorney from The Aguirre Law Firm, PLLC can help. Our legal team can evaluate your case, investigate fault, and pursue all available compensation. Call us at (210) 879-1760 or contact us online for a free case review.