Employer Liable for an Employee’s Auto Accident in Florida
If an employee was working and caused a vehicle collision because of negligence, the employer could be held responsible. When an employer is liable for an employee’s auto accident in Florida, the injured parties could seek compensation from the company or their insurance carrier. A vehicle accident attorney in Florida can explain your legal rights and help you determine liability. Call us today at (954) 633-8270 to get started.
When Is an Employer Liable for an Employee’s Auto Accident in Florida?
An employer may be held liable for an accident when the employee is on the clock or performing job duties. For example, if a negligent delivery driver causes a vehicle accident while delivering packages, their employer or the company could be held responsible for the employee’s actions. This may apply whether the employee is using a company vehicle, a rental, or their own personal vehicle.
When an employee drives their own car for business purposes, their employer could still be liable for car accidents caused by the employee’s negligent or reckless actions. A driver who is in an accident while picking up lunch for an office meeting, for instance, could be considered on the job. In that case, the employer may carry some liability for the accident.
Employer Liability in Florida Rideshare Auto Accidents
An employer may not be liable for accidents caused by rideshare drivers. Drivers for companies like Uber and Lyft are considered private contractors, so their employers would likely be free from liability. However, if you are in an accident with a rideshare driver, the company may provide insurance coverage for the accident. Florida Statutes § 627.748 dictates specific insurance coverage for rideshare providers and TNCs. The circumstances of your accident will determine which coverage applies. Determining fault in an employee auto accident can be difficult. Consult with a Personal Injury Attorney in Fort Lauderdale who handles employee car accidents in Florida.
What Is Vicarious Liability in a Florida Auto Collision?
When you file a claim against an employer for an employee’s auto accident, your claim could reference vicarious liability. Vicarious liability is the liability held by the employer in the case of an employee’s auto collision. While the employee may be held liable for their actions that led to the accident, the employer could be held liable under the concept of vicarious liability.
Florida Statutes § 440.11 indicates that the employer could be held liable when the employee who caused the accident was acting within the scope of their employment. Vicarious liability can still apply even if the employer did not act wrongfully. A car accident lawyer Florida who handles employee auto accidents in Florida can help you understand how vicarious liability applies to your accident claim.
Who Can You Sue Following an Accident With a Driver Who Was Working?
An employee who was negligent while driving on the job can be held directly liable for their actions. To obtain financial recovery for your injuries, you could seek compensation through the driver’s personal car insurance. You also may be able to sue the driver’s employer if the employee was working at the time of the accident. By filing a lawsuit against the driver’s employer, you could recover a range of accident-related losses.
Is an Employer Liable if the Driver Was Going to or From Work?
If the employee was not on the clock or operating within the scope of their position, it can be difficult to establish employer liability. In many cases, if the employee is on their way to or from work, they are held solely responsible for reckless or negligent actions that lead to an accident.
Certain exceptions may apply to employees in specific work-related situations. It is therefore useful to consult with a Miami personal injury lawyer who handles Florida employee car accident cases to determine how to move forward with your accident case.
How Can an Employee Car Accident Attorney in Florida Help?
Establishing fault in any car accident can be complicated. When you involve company cars, shipping trucks, delivery vans, and rideshare vehicles, your case can become much more complex. A Fort Lauderdale car accident attorney familiar with Florida’s liability and traffic laws can:
- Gather evidence to prove the employee was on the job
- Compile documents to prove your injuries
- Respond to phone calls and emails from the responsible parties and insurance carriers
- File an insurance claim and personal injury lawsuit against the employee and their employer
- Defend your right to a fair settlement following a car accident caused by an employee’s negligence
Instead of spending your time and energy arguing with insurance companies, Hire a Florida personal injury law firm to do it for you.
Contact the Law Offices of Wolf & Pravato To Discuss Your Florida Employee Auto Accident
Insurance companies can be stubborn, especially when fault determination is complicated by an employer’s vicarious liability. Rather than trying to navigate the process on your own, let the experienced Fort Myers car accident attorneys at the Law Offices of Wolf & Pravato handle the legalities, so you can focus on your health. Contact us today at (954) 633-8270 to discuss your employee car accident case with a member of our team.
