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All You Need To Know About Employer Liability In A Car Accident Case

July 12, 2017 admin

Do you want to know who will be held liable in a car accident case if an employee is at fault? This is a critical issue, especially if the car accident occurred while the employee is driving a company vehicle. Determining who is really accountable if this car accident case happened in Philadelphia must be put under the expertise of an attorney specializing in car accident cases. Let me give you a quick brief on what you need to know about employer liability in a car accident case.

What are the reasons an employer is held liable?

There are at least two major reasons when an employer is held fully liable for a car accident case involving an employee.

  • Negligence of the employer

One of the grounds where employer liability will be ruled out is due to employer’s negligence. For example, if the employer hired a company driver, but didn’t do the necessary screening and compliance of strict requirements like ensuring that the only an applicant holding a commercial license driver must be considered for the job and instead hired anyone claiming he or she is a good driver.

  • Negligence in supervision

Another scenario that can be used against an employer and be held liable for an employee accident is negligence in supervision. For example, regular check-ups of transport vehicles must be done before a company driver must be allowed for dispatch, but, due to the strict deadlines on deliveries the employer requested immediate dispatch without checking if the vehicle is in good condition to travel and resulted to a major car accident, the employer can be sued for negligence.

  • Vicarious liability

The attorney with solid background on car accident cases knows when a vicarious liability can be filed to an employer regardless the incident happened in Philadelphia or another state. Vicarious liability under the doctrine of law states that the actions of an agent are same with the actions of the principle directing the agent. Let me give you a clearer explanation for this matter, the employer here is referred as the “principle” and the agent is the “employee”. So, for this rule, if the agent (employee) is task to do something and the command is derived from the principle (employer) if an accident happened at the time of the task, the employer is held responsible or liable. On the other hand, there is an exception to this rule where an employer (principle) isn’t held accountable for an employee’s accident if the bad decision or bad act of the employees is the real cause. A good example where an employer isn’t held liable is when an employee is requested to buy supplies, but when going back to the office decided for a quick snack at a nearby café and was hit by a car.

Do You Need Expert Legal Advice To Resolve Your Car Accident Case In Philadelphia?

Do you have many unanswered questions at this point of time about your employee’s involvement in Car Accident Case In Philadelphia? The best action you can do for now is contact an attorney in Philly and verify which employer liability might be filed against you. A credible attorney can give further explanation and guidance on what employer liability can be applied in your current situation.

 

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