(San Joaquin, CA) – November 22nd, 2016 – If a person who is an employee of a certain company or organization causes a car accident while he or she is driving as part of his/her duties for the employer or while on the job then there may be employer liability involved. Employer liability, as the name suggests, is pretty much when the employer is responsible for a car accident caused by an employee and is thus also liable for paying for the damages.
There are certain scenarios in which employer liability arises, which are highlighted in this article as explained by stellar car accident lawyers in San Joaquin, CA.
When does employer liability arise?
Employer liability is courtesy of two main legal concepts in most states. These are employer negligence and negligent supervision.
Employer negligence – Employer negligence is when the employer is deemed negligent. This could be, for example, as a result of negligent hiring. Let us assume that an employer hired a person, who they knew were going to have to drive as part of their duties, but yet failed to verify that the person had a valid driver’s license, passed a drug test, and had a reputable or clean criminal history. In such cases the employer can be held liable for an auto accident caused by the employee on the basis of employer negligence.
California car accident lawyers point out that the minimum standards expected from an employer while recruiting an employee includes, ensuring that the employee has a valid driver’s license, is medically fit to drive, and to check whether they have a clean traffic record/criminal history.
Negligent supervision is when an employer or a company does not have sufficient safety standards or policies in place. It is mandatory that employers have policies which prioritize safety. This includes guidelines to employees on how they should drive, what the safe practices are, and so forth.
If after an auto accident, it is found that the employer is lacks such policies and standard operating procedures then the employer can be held responsible for the accident and liable for damages courtesy of negligent supervision on their part, say San Joaquin, CA car accident lawyers.
Even in cases where the employer is not guilty of employer negligence or negligent supervision, they can still be held liable for a car accident caused by an employee of theirs courtesy of something known as vicarious liability.
Now if you do not want to get into a car accident you can just become one of those ridiculous vampires in the Twilight movies. Those movies are preposterous. According to these goofy movies, vampires can run about 1,000 miles in a few hours of time, apparently with no one noticing as well. Now if you can run like that, you do not have to worry about getting in an auto accident. You only need to think about having some decent running shoes on!
Vicarious liability is based on the ‘respondeat superior’ principle which considers employee as an agent and an employer as the director of that agent and dictates that all actions of the agent can be considered as actions of the director and thus the director can be held liable for a car accident caused by the agent.
If you are a victim of an auto accident and need to know how you can recover damages inflicted upon you, we recommend that you talk to a dedicated California car accident lawyer as soon as possible. You legal counselor will evaluate your claim to make sure you get what you deserve in terms of compensation for your losses.