Employer Liability for Work-Related Car Accidents

Most car accidents result from negligence, but those involving company-owned vehicles may point to liability beyond the driver. In some cases, the driver’s employer can be held responsible. This means the company can be ordered to pay for the victim’s medical bills and other losses.

However, holding the employer liable requires an understanding of certain legal doctrines and putting together a strong, evidence-based case. If you or a loved one were injured in a car crash, it’s time to explore your legal options. Connect now with the Oklahoma car accident lawyers of Biby Law Firm Injury and Accident Lawyers.

When is an employer responsible for an employee’s car accident?

Courts in Oklahoma follow a rule known as respondeat superior, which holds employers responsible for the negligent acts of their employees while they are performing job duties. Respondeat superior is a type of vicarious liability. That means the employer can be held liable for the negligent actions of their employees.

To invoke respondeat superior, the employee must have been acting within the scope of their employment at the time of the crash. This is a factual question. For example, imagine an employee takes a work vehicle out after working hours to go to dinner with friends. He does so in direct and flagrant violation of the employer’s policies. On the way home, he crashes. In this case, the employer is probably not liable.

A court will look at certain factors, such as whether:

• The employee was driving during their work hours (including overtime or weekend hours)
• The employee was en route from one job site to another
• The employee was performing a task or errand specifically for work
• The employee had permission to use the vehicle
• The employer owned the vehicle
• The employer did not maintain the vehicle or address repair problems

Situations that may not make the employer liable

Accidents that don’t occur within the scope of employment likely will not raise a respondeat superior argument. These are some possible examples:

• The employee was taking a personal detour at the time of the accident, for example, to run a personal errand
• The employee was driving to work at the start of the day or from work at the end of the day
• The employer was not responsible for providing or maintaining the vehicle
• There is no employment situation, but the driver is instead an independent contractor

Making direct claims against the employer

Under Oklahoma law, the victim can also potentially hold the employer liable under other legal theories. These are based on negligence and may include:

• Negligent hiring: Perhaps the employer did a poor job of screening the employee during the initial application process.
• Negligent training: If the employer was responsible for training the driver, their conduct during that period could prove important.
• Negligent supervision: Likewise, many employers are obligated to supervise their employees either initially or periodically during their employment.
• Negligent entrustment: This means entrusting an unsafe driver with a company vehicle.

How can you prove the employer was liable?

All of these are fact-specific issues. They can therefore turn on important details. If you were involved in a wreck, be sure to relay as many facts as you can to your car accident lawyer. Some of the evidence that may prove relevant to your claim includes:

Employee data

• Payroll records
• Dispatch records and time cards
• The employee’s work schedule
• The employee’s job assignments
• Communications between the employer and employee

Crash information

• Pictures and videos of the accident scene
• Police accident report
• Eyewitness statements
• Forensic analysis of the accident
• GPS data in the vehicle involved in the accident
• Vehicle maintenance, repair, and inspection records

The victim will need to demonstrate the nature and extent of the employment relationship as well. Your lawyer will likely obtain personnel records proving the driver was in the company’s employ at the time of the wreck.

Can the driver also be liable?

The driver and employer can both be held liable. In other words, even though the employer ultimately has to answer for their role in the accident, the driver may still be personally liable for their own negligent driving actions, such as:

• Speeding
• Reckless driving
• Driving under the influence of drugs or alcohol
• Distracted driving
• Violating traffic laws

The victim can name both the driver and the employer as defendants in the same lawsuit. The court may enter a judgment against both of these parties, depending on their respective roles in causing the wreck.

Much of the above evidence can substantiate a claim against the driver. However, the victim should be prepared to encounter pushback from the lawyers and insurers representing both the driver and employer. It is critical that you hire an experienced car accident lawyer.

What damages are available to the victim?

The available damages vary from one car crash to another. However, in general, Oklahoma car crash victims can seek compensation for:

• Medical bills, including for future medical needs
• Lost income during the recovery period
• Lost income-earning ability if the victim cannot return to their prior career
• Property damage
• Out-of-pocket expenses
• Non-economic damages such as pain and suffering, and emotional distress
• Punitive damages, in limited cases involving reckless disregard for others or intentional and malicious misconduct

Our commitment to Oklahoma car accident victims

You have your choice of lawyers after being in an accident. But what sets Biby Law Firm apart is our client-focused advocacy. We represent accident victims in the same way that we would want for ourselves if we were the victim. Our accident attorneys can serve you by:

• Investigating the accident and acquiring evidence related to the crash
• Determining the relationship between the driver and the employer
• Applying all relevant legal theories to seek the maximum damages allowed by law
• Calculating a fair dollar value for your past, present, and future damages
• Retaining expert witnesses, such as accident reconstructionists, who can help your case
• Negotiating with the at-fault parties and their insurers to try to reach a settlement
• Taking your case to trial if necessary

We know that your goal is to win the compensation you need to get your life back to normal, and we are dedicated to achieving just that. Were you involved in an Oklahoma car accident that may have involved employer liability? Reach out to Biby Law Firm today to schedule your free case consultation.