There are many companies in Seattle, Washington, that may use their employees on the road for various job-related tasks. If you work a job where you are required to drive a company car, there is always a risk of getting into an accident, especially on Seattle’s busier highways. Because of this, you will need to understand employer liability for employee car accidents in case this is a situation that you ever face.
At NBF Accident Law, our auto accident attorneys in Washington can help you navigate the more complex process when it comes to company car accidents. Our attorneys will work tirelessly to achieve the best results for victims of car accidents, fighting for them with purpose and ensuring they feel heard throughout the process.
Is an Employer Liable for an Employee’s Car Accident?
Understanding employer liability for employee car accidents can be quite complex since it is very dependent on each situation. Because of this, your employer may not be liable for a Seattle car accident if there are certain factors at play.
One of the more common scenarios where an employer would be responsible is if it falls under vicarious liability. This is an area of the law that dictates that the actions of the employee are still the responsibility of the employer even if they are found to not have been negligent. For example, if the employer sends their employee to run an errand and they get into an accident, the employer could still be found liable.
However, vicarious liability works both ways and can also fall on the employee. In this situation, the employee may be found liable if they get into an accident in a company car when they are not running a job-related errand. This ensures that employers are not held responsible for everything their employee does as long as it is not work-related.
Understanding Going and Coming Rules
There are several instances where an employer may be liable for an employee car accident in Seattle, WA. However, there are laws in place to protect employers from this since it may not always be their fault if an employee gets into an accident in a company car. An example of this is the going-and-coming rules in Washington that apply to employee car accidents that happen outside of their working hours.
Going and coming applies in situations when an employee gets into a car accident when they are not on the clock. This protects the employer from being held liable since the employee is not an agent of the company at the time the accident occurred.
For example, you may be driving to work in a company car and get into an accident before your work day officially begins, which would result in you being found liable. Or, you may be using the company car to run personal errands before your work shift starts or after you clock out.
You may be able to get around the going and coming rules if you can prove that your employer had you perform a work-related task even if it was outside of your regular working hours. A car accident attorney can help you gather evidence to back this, such as text messages and compensation you received for performing the task.
Times When an Employer Could be Held Responsible For a Car Accident
Claiming employer responsibility for an employee car accident can be complex, which is why it is highly recommended that you hire a car accident attorney. They can help you navigate the claims process as well as compile evidence to show that you were not at fault.
An employer will generally be found responsible for an employee’s car accident if the employee was driving for some work-related purpose. This also applies to any situation where the employer may have benefited from the activity that the employee was doing. Examples of this include work-related errands or situations where you would receive special compensation for travel.
Your employer may also be held liable if they were negligent in their hiring or supervising practices. They may have hired somebody who is not fit to drive a company vehicle or they may have not given the employee the proper training to safely drive. There are also federal and state laws regarding certain types of company vehicles that companies have to adhere to, such as trucking laws.
Who Pays For an Employee Car Accident in Seattle?
Because employee car accidents are more complex, you may not know who is responsible for paying for the damages in this type of accident. If the accident falls under the employer’s liability, they will have to pay for the damages. Your employer’s insurance policy will help to cover damages, such as:
- Medical bills
- Lost wages
- Medical treatment
- Pain and suffering
You can also seek a car accident workers’ compensation to help you recover after the accident. However, you can only seek workers’ compensation if the accident occurred while you were performing a work-related task; otherwise, your employer will not be responsible for providing this.
If there was a third party involved in the car accident, you may also be able to hold them liable for damages. If you are driving a company car for a work-related purpose and are the victim of a car accident due to another driver’s negligence, you can seek workers compensation as well as damages from the third party.
Contact an Auto Accident Attorney at NBF Accident Law
Have you been involved in an employee car accident while working? If so, the good news is that you may be able to receive workers’ compensation for a car accident at work if you have expenses related to lost wages or medical treatments.
At NBF Accident Law, our car accident lawyers fight for victims of car accidents purposefully and tirelessly, ensuring you receive the compensation you need to fully recover. We will help you file a claim, gather evidence, and negotiate with insurance companies, third parties, and your employer.
Contact us today at 206-923-8888 to schedule a consultation with one of our attorneys in Seattle, Washington.
