Employer Liability for Car Accidents Involving Working Drivers

If a car accident involves an employee on the job, determining liability can be complicated. Is the employer held liable for the damages? What if the employee was driving negligently?

In this article, we’ll answer these key questions about determining liability in a crash with a working driver. 

Is The Employer Liable in a Crash with a Working Driver?

Florida law deems a company, corporation, or other entity (i.e. an LLC) a “person” under law. Additionally, with what’s legally known as vicarious liability, an employer may be held liable for the damages of a victim if their employee can be proven at fault for the crash. This can even apply if the employee was driving their own vehicle, so long as they were “on the job” at the time of the accident (this typically doesn’t apply if the employee was traveling to or from work). 

Determining Liability After a Crash with a Working Driver

Why is it important to determine liability after an accident with a working driver? With Florida’s PIP insurance requirement, your own insurance may fully cover your losses from the crash. However, you may opt to file a lawsuit to obtain compensation for additional costs not covered under your PIP insurance. 

You may sue both the at-fault employee driver and the employer, in some cases. To do so, you must be able to prove not only the other driver’s negligence but also that the crash occurred when the other driver was: 

  • Performing work that they were employed to do or acting (at least partially) to serve their employer
  • Performing a task that’s reasonably involved in their employment or reasonably expected of someone who is similarly employed

To protect your rights and secure your rightful compensation after a crash, it’s in your best interest to retain an auto accident attorney’s services. Contact the experienced team at Weldon & Rothman, PL for a free case review