Car accidents that happen during work duties raise an important question: can the employer be held responsible? In Florida, the answer is often yes. If an employee causes a crash while performing their job, the employer may be liable under the legal principle of vicarious liability. This means the employer can be required to cover damages, even though they weren’t the one driving. However, if the employee was off duty or running a personal errand, the employer is usually not responsible.
Florida Vicarious Liability
Florida has a unique legal rule called the dangerous instrumentality doctrine. This means that vehicle owners can be held responsible for accidents caused by someone else who is driving their car with permission.
In the workplace, this rule works alongside the legal principle known as vicarious liability. Under vicarious liability, an employer can be held responsible for an accident caused by an employee if the crash happens while the employee is performing work duties.
For example:
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A delivery driver making scheduled stops hits another vehicle.
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A construction worker driving a company truck to a job site causes a crash.
In both situations, the employer may be legally responsible, even though they were not the one driving. This is because the employee was working “within the scope of employment.”
Car Accident While on the Clock
The phrase “car accident while on the clock” is very important in these cases. It simply means the accident happened when the employee was working, not while they were off duty.
If a crash happens during:
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Making deliveries
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Driving to a client meeting
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Picking up supplies for the business
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Transporting goods for the company
…the employer can often be held liable.
On the other hand, if the employee was off the clock or using the vehicle for a personal errand not related to work, the employer may not be responsible. For instance, if a worker leaves their job site early and gets into an accident while stopping at the grocery store, that may not be considered a work related car accident.
Employee at Fault Accident
Many people think that if the employee is at fault for the accident, the employer cannot be held responsible. In Florida, that is not always true.
Even if the worker clearly caused the crash, the employer can still be held liable if the accident occurred during work duties. This is because the law looks at the relationship between the employer and employee, not just who was directly behind the wheel.
For example:
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A sales representative rear-ends another car while rushing to a meeting.
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A food delivery driver runs a red light and causes a collision.
In both examples, the employee may be at fault, but the employer can still share liability for damages.
When Employers May Not Be Liable
There are situations where an employer will not be responsible for an employee’s car accident. Common examples include:
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Personal errands: If the worker is doing something unrelated to their job.
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Commuting: Most of the time, driving to and from work is not considered “on the clock.”
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Unauthorized use: If the employee took the company vehicle without permission.
In these cases, the responsibility often stays with the employee or their personal insurance.
Why This Matters After a Work-Related Car Accident
For accident victims, knowing whether an employer is liable is extremely important. Employers often have larger insurance policies than individual drivers, which means injured people have a better chance of receiving full compensation for medical bills, lost income, and other damages.
For employees, this also matters because the legal responsibility may shift away from their personal insurance if the accident happened while they were working.
Find Out If an Employer Is Liable in Your Accident
If you have been involved in a work-related car accident and want to know if an employer is liable, you don’t have to figure it out on your own. Florida’s laws can be confusing, and every case depends on the specific details.
The Law Offices of Wolf & Pravato has helped many people understand their rights after serious crashes. Our team is here to review your situation, explain your legal options, and fight for the compensation you deserve.
Call us today at (844) 643-7200 to speak with an experienced Fort Lauderdale car accident lawyer about your case.
FAQs: Employer Liability for Car Accidents
1. Is an employer always liable if an employee causes a car accident?
No. Employers are usually liable only if the accident happens while the employee is performing job duties. If the employee is off duty, commuting, or on a personal errand, the employer may not be responsible.
2. What if the employee was driving their own car for work?
Even if the employee is driving their personal car, the employer can still be held liable if the accident happened while carrying out work-related tasks, like meeting clients or making deliveries.
3. Can both the employee and employer be sued after a work-related accident?
Yes. In many cases, claims may be brought against both. The employee may be at fault, but the employer can also be responsible under vicarious liability laws.
4. Does workers’ compensation cover employees injured in a work-related car accident?
If the employee is injured while driving for work, workers’ compensation may apply. However, this is separate from liability for injuries to other drivers or passengers.
5. What if the employee used the company vehicle without permission?
If an employee takes a company vehicle without authorization and causes an accident, the employer may argue they are not responsible. Liability will depend on the specific facts of the case.
6. Why is it important for victims to know if an employer is liable?
Employers often have larger insurance policies than individuals. This means accident victims may have a better chance of receiving full compensation for medical bills, lost wages, and other damages.
7. How can a lawyer help after a work-related car accident?
A lawyer can investigate whether the driver was on the clock, gather evidence of employer liability, and pursue compensation from all available insurance sources.