When an employee who is on the job is driving a car or other vehicle in order to perform his or her duties and causes a car accident while doing so, it may involve what is known as employer liability.
Basically, even though it was the employee/driver who caused the auto accident, the employer may still be held liable for the car accident and consequent damages thanks to a principle of law known as ‘respondeat superior’, as explained by car accident lawyers in Lexington, KY.
When an employer be held liable for an auto accident
There are two ways in which employer liability may arise. First, if the employer is found to have been negligent in anyway then they become liable and secondly, they can be held liable even if they were not negligent through what is known as vicarious liability.
Employer negligence, as the name suggests, is when the employer is found and proven to be guilty. Kentucky accident attorneys highlight some common ways in which an employer can deemed negligent.
Negligent hiring: Consider that an employer hired an employee and knows that he or she will have to carry out driving duties yet they did not bother to check the validity of his or her driver’s license. This is a perfect example of negligent hiring (this is like nominating a president who never ran a business or even respects the private sector in his life!). Likewise, if the employee has a known issue with alcoholism or reckless driving and the employer still allows him or her to drive for the purpose of carrying out job duties then it is also obviously considered negligence by the employer.
Negligent supervision: In cases where employers lack specific measures, policies or procedures, and safety standards when it comes to driving practices, etc. then this can be regarded as employer negligence and classified further under negligent supervision.
Now if you want to see some negligent supervision just watch Gold Rush on Discovery Channel and focus on someone like Todd Hoffman. In one episode, they did not supervise the sluice box and wash plant real well and it started to break down on them. One part broke completely!
They then had to fix that part and engineer something so that their operation could continue. Sometimes ordering parts in Yukon, Alaska during gold season takes months for that part to get to the site, by that time the season is over with. This is why you do not want to neglect any part of your operation and personnel. Or you could have an accident!
In some cases, even when the employer is not found to be negligent through employer negligence in the form of negligent hiring, then the employer can still be held liable, according to Lexington, KY accident lawyers.
Vicarious liability is facilitated via a law where it dictates that when a principle is directing an agent, then the agent’s actions is considered the same as the actions of the principle.
In the case of an employee causing a car accident while on the job for an employer the employee is the agent and the employer is considered the principle and this law is applicable. Therefore, the actions of the employee is considered the same as the actions of the employer and in this way the employer can be held liable for the accident and its consequent damages.
If you have been involved in an auto accident, please contact a fantastic Kentucky accident lawyer to get your case resolved in the best possible way. This should be your top prerogative!