Although most car accidents in Louisiana result from human error, some accidents are caused by mechanical faults. Determining who is at fault in a car crash is complicated, and the situation is more complex when you were using a company car. In such an accident, either you or your employer is to blame. The key lies in who’s the cause of the accident.
Vicarious liability is a term used to mean that a person is liable for the errors of another person. Thus, in motor vehicle accidents where a company car is involved, the employer may be responsible for the accident.
When is vicarious liability applicable?
Vicarious liability is applicable in a situation where the employee was driving from a meeting, heading to an appointment or running errands when the accident happened. However, the liability cannot apply when the employee was driving to or from work, driving under the influence or driving outside their work scope.
Who’s at fault?
Although your employer might pay for the damages caused by the company car, the employer needs to recover. They will only recover when you are not the at-fault driver. Some states have a comparative negligence law saying that if you are at fault, you can’t recover the damages from your employer. Most times, the other driver wants to hold the employer liable for the crash. However, this cannot happen unless you were the driver at fault during the crash.
If you are injured during a crash in a company car, you must think about workers’ compensation. When the other driver is at fault, their insurance could pay for your injuries, or workers’ compensation might cover you. You may want to contact an attorney to discuss the best possible option.