If you suffered injuries in an auto accident with an employee of a company who was in a company car, that company can be liable to you for the injuries you suffered in the accident. This is because a company is vicariously liable for the negligent cats of its employees who are in the act of performing their jobs. Depending on the company, the company vehicle may only be used while the employee is performing work for the company. In this scenario the company will be liable for your injuries you suffered in an auto accident with that company employee.
Sometimes the employee will not be provided with a company car. Instead the employee will be required to use their own personal vehicle to perform their work duties. In this scenario it may not be as clear whether the company is liable for the auto accident its employee caused. The question here is whether the employee was acting within the course and scope of their job duties when he or she caused your auto accident. If the employee was performing a work duty for the company while driving his or her personal car, then the company will be liable for the accident its employee caused.
What if the employee was only going to, or coming home from work? There is a rule called the “Goings and Comings” rule which helps determine whether the employee was in the course and scope of their employment when they caused the accident here. Under this rule an employee is not considered to be in the course and scope of their employment when driving to or from work unless one of four exceptions is shown: (1) the employment contract included transportation to and from work, (2) the employee has no fixed place of work, (3) the employee is on special assignment for the employer, or (4) special circumstances are such that the employee was furthering the business of the employer.
There is another scenario where a company can be liable for an accident its employee causes even if the employee was not in the course of doing his or her job while driving a car the company gave or leased to the employee. This is when the company negligently gives or entrusts the car to the employee. This theory of liability is called negligent entrustment. Under a theory of negligent entrustment, you must show the company knew or should have known their employee was not fit to drive a car, but the company still entrusted that employee with a car anyway.
When can an employer be liable for negligently entrusting a car to an employee? If the employee does not have a valid license, the company could be liable for any accidents the employee causes in the car the company gave him or her. If the employee has a history of drunk driving accidents the employer could be liable under negligent entrustment. If the employee has a history of reckless driving the company could be liable under negligent entrustment. Even if the employer does not know the specifics of the employee’s driving history, this is something the employer should look into before giving that employee a company car to use.
As with any auto accident, you will have to show the employee was at fault in order to recover against his or her employer. This can be shown via your own testimony of what happened, the testimony of any passengers in your car or other witnesses to the accident, video of the accident, the findings of the police and the police report, and through expert testimony such as an accident reconstruction expert. You will also need to prove that you suffered injuries from the accident. This can be shown through your medical records, testimony of your friends and family about how your injuries affect your life, and testimony from your treating doctors and other medical experts. You can also recover past and future lost wages if you are unable to work due to your injuries from the accident. You can show what your wages are through tax returns and pay stubs.
If you have a limited tort insurance policy on your car, you will only be able to recover for your pain and suffering damages against the employee’s company if you can show your injuries are significant, serious injuries. You can also recover for pain and suffering against the company if the company car is registered outside the state of Pennsylvania or if the employee driving the company car was intoxicated at the time of the accident.
What if the employee’s company is not liable for the accident the employee causes because the accident happened when the employee was not in the course and scope of his or her job duties? Your recovery will then be limited to the personal insurance the employee has on the car he or she was driving. If the employee has limited or no insurance, you can make a claim against your own insurance for your injuries from the accident if you have underinsured or uninsured motorist coverage.
The Thistle Law Firm is experienced at handling auto accident claims involving company cars and employees of a business. If you or a loved one suffered injuries from an auto accident with a company’s employee, the attorneys at the Thistle Law Firm are here to take your call and answer your questions at 215-568-6800.