If you’re injured in a car accident or have lost someone you love in a crash, one of the questions important to ask is whether the negligent driver was acting in the course and scope of their employment. This matters because if they were furthering the interests of their employer at the time of the crash, the employer could be held vicariously liable.
Vicarious liability of employees is allowed thanks to the doctrine of respondeat superior, which is Latin for, “let the master answer.” Vicarious liability does not require a showing that the company necessarily did anything wrong. Rather, one must show the employee – acting on behalf of the employer – was negligent. We see this a lot in trucking accident cases or bus accident cases, but it can also be applied with many other types of workers as well. In our increasingly mobile workforce, it’s not uncommon for employees to be on the move regularly throughout the course of their work day, or to be running errands for their employer outside of normal business hours.
In cases of professional drivers, vicarious liability may be easy to establish because it’s the employee’s job to drive. If they were on-the-clock, it’s pretty easily settled. However, there are some nuances to this. Some of the same legal doctrines that apply in workers’ compensation cases can come into play in these cases too. Continue reading →