“Who is at fault?” This is the first question whenever a vehicular accident occurs. Once it is proven that negligence was a factor in the accident, injured parties have a chance to be compensated for any injury or loss sustained in the accident. These could be in the form of personal agony, lost earnings as well as medical expenses, among others.
Employers are obligated to ensure the safety of their employees, even on the roads. One way employers are doing that is by implementing a total ban on the use of hand-held device while driving. Not only does this policy protect the safety of their employees; it also protects them against liability.
As cited by personal injury attorneys from San Ramon, the rule of respondeat superior is applicable to instances where an employee’s negligence causes injury to a third party while performing official work duties. California law determines that one is acting in official work capacity when:
• The employee was engaged in work-related activity during the accident
• The accident transpired within premises and during a span of time that’s considered part of the employee’s official work duty
• The accident stemmed from or was caused by the employee’s office duty
Exception to the Rule
The law of respondeat superior is limited to the relationship between employers and employees, which means motor vehicle accidents caused by an independent contractor is not covered. But there is a rare exception to this rule as demonstrated in the case against AAA tow truck drivers.
If you’ve been involved in an accident, you might think that filing a lawsuit to force a trial is the best course of action. There are instances when out-of-court settlements offer the fastest and safest option instead of going to the court room. Of course, going to court still has its advantages. Considering that every case is different, consulting your lawyer should be your first course of action.