Charlotte Personal Injury Attorney Matt Arnold answers the question: “The insurance adjuster is saying I am partially negligent what does that mean?”
Often, people get injured in auto accidents caused by individuals driving a company car in the scope of their employment. Can injured persons file a personal injury claim against the employer of the driver who caused a crash?
Are employers liable for car accidents caused by their workers in North Carolina? The answer depends on the circumstances surrounding your case.
Can You Sue the At-Fault Driver’s Employer for Damages?
An employer whose employee drives negligently and causes a car crash in the scope of their employment could potentially be held liable for the resulting damages and losses.
If you were injured in a car accident caused by someone driving a company vehicle or operating a car in the course and scope of employment, contact a knowledgeable personal injury attorney in Charlotte or elsewhere in North Carolina. You might be able to sue the driver’s employer if the motorist was partially or fully responsible for the collision. This is known as the doctrine of respondeat superior.
In many cases, employers can be held liable for their worker’s negligence while operating a vehicle. For example, you can bring a claim against the driver’s employer if the employee was driving to or from work-related business or was on a service call. In such situations, employers have insurance coverage to cover accidents caused by their employees.
However, each case is unique, which is why it is vital to discuss liability with an experienced car accident attorney in Charlotte. The at-fault employee’s personal auto insurance coverage may not be sufficient to cover your damages and losses. By contrast, their employer’s commercial insurance coverage may have higher policy limits to pay for your medical bills and other damages.
Are Employers Liable for Accidents That Occur While an Employee is Driving to or from Work?
As a rule of thumb, employers are not held liable for accidents caused by their employees while driving a vehicle to or from work. However, if the vehicle that drives employees to or from work is used to complete business-related tasks or the worker is running errands for their employer on their way, the employer may be held liable for the resulting damages depending on the circumstances.
However, some employers expressly demand that their workers drive their personal vehicles. This demand, along with other things an employer may require can be done in an attempt to shield themselves from potential liability. That is why it is critical to be represented by an experienced car crash attorney in North Carolina to determine whether or not the at-fault driver’s employer can be sued for your damages and losses.
Depending on the facts surrounding your car crash, you may be able to file a personal injury claim against the at-fault driver’s employer. Our skilled personal injury lawyers at Arnold & Smith, PLLC, will evaluate your particular situation and determine whether you can sue a business whose worker’s negligence or carelessness caused your injury. Call (704) 370-2828 to receive a video or phone consultation with our lawyers to explore your legal options or fill out our contact form. Now taking cases throughout North Carolina with offices in Uptown Charlotte, Mooresville and Monroe.
The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
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