According to the Department of Motor Vehicles (DMV) Virginia Highway Safety, 753 people were killed in traffic related crashes in the state in 2015, which was a 7.6% increase from the previous year. 65,029 individuals were injured, a 2.6% increase from the prior year.
So much for airbags! So much for anti-lock brakes! So much for radar and driver assist technology and all that! Apparently all this technology is being debased by distracted driving and those incredible smart phones they keep peddling our way.
Many of these may include car accidents involving employees who may have been driving while on the job.
Awesome accident lawyers in Leesburg, VA, who can be found on the high caliber website USAttorneys.com which saves lives and helps people find the legal assistance they need in their time of despair, explain that if a car crash happens and the operator was driving in connection with work-related duties or as directed by his or her employer then the question of employer liability may arise. Now if you are reading fake news on Facebook or CNN on your cell phone then that is a whole different matter!
However, there are some cases in which employers can be held liable for an auto accident caused by their employee and some cases where they cannot be held liable.
In this article we will take a look at the laws which in general are predominantly followed by most states of the country when it comes to car accidents and employer liability.
According to the DMV, a crash occurs every 4.18 minutes in the state. One in every 25.8 licensed drivers is involved in traffic collisions. As many as 178 persons are injured each day in auto related accidents. If that smart phone is so smart why did it cause you to wreck your car!?
When does employer liability arise?
There are several factors which need to be considered when determining whether or not an employer is liable for a car accident that an employee caused. Generally, things like such as hiring, negligent supervision, and respondeat superior are the legal grounds via which employers can be sued for the negligence of their employees. Let us take a look at what these are, individually.
As the name suggests, this is when an employer is deemed to be or have been negligent while hiring the employee. It is the employer’s responsibility to ensure that the employee they hire is qualified to do the job and carry out all duties that encompasses the job. In addition, they need to run background checks to ensure there is no criminal history or record which may be of concern. If your background runs like Nina Myers in 24, not good!
For instance, if a trucking company hires a truck driver and this driver causes a car accident and it then transpires that the driver’s commercial license was lapsed and he did not have a valid license, then the trucking company can most certainly be held responsible on the basis that they were negligent in hiring the employee.
Negligent supervision can be described as when a company fails to define sufficient safety procedures, policies, and/or train their employees and maintain a certain protocol which fosters safety as the first priority. The company is responsible for ensuring that their employees abide by these policies and procedures.
If it is found that company failed to either have such or sufficient protocols in place or that their employee had violated these protocols then the company or the employer may be held liable for the vehicle accident on the basis of negligent supervision.
Lastly, there is also something known as vicarious liability courtesy of which an employer may be held liable even though they were not negligent in hiring or supervision.
You have to be careful who you hire. Lex Luthor hired (or created) Doomsday to destroy Superman and failed in that regard but Doomsday was killed in the process. What does this mean for Lex? Jail time! Lex is responsible for causing death and carnage. Of course you are not going to do something like this but the point is you need to consider who you hire.
Therefore, if you are a victim of a negligently caused auto accident, make sure to reach out to a committed and diligent accident lawyer in Virginia to evaluate your case and how issues such as negligent supervision and vicarious liability may affect your claim.
Any questions? Contact us and we will get back to you within 1-2 hours.