What if I’m hit by a driver who is at work?

Say, for example, that you’re in an accident caused by a driver while he’s on the clock. This scenario occurs fairly frequently, and usually involves delivery trucks, big rigs, or similar work-related vehicles.

Accidents like this are a special circumstance because, if a driver who is at work hits you, you could potentially have two claims against two separate negligent parties. The first claim would be against the actual driver, the employee. This is a pretty standard claim and would be handled like most other car accident cases. Even though it’s fairly ordinary, if you are involved in this kind of car accident you should still be diligent about collecting evidence and dealing with the insurance companies.

employer, because his or her employer could be considered responsible for the conduct of his worker. There are a couple of different ways that employers can be held accountable for the actions of their employees.

The most common way an employer is held responsible is called “vicarious liability.” This means that the employer is held responsible because the employer has the right to direct the employee.

Another way is referred to as “negligent supervision.” Have you ever seen a work vehicle with signs on the back that said something like: “This vehicle cannot exceed 55 mph,” “Drivers are prohibited from using mobile phones while operating vehicle,” or “How’s my driving?” These are examples of ways that employers “supervise” through the institution of rules and policies.

An employer can also be found to be negligent if they do not have important safety requirements in place, such as requiring drivers to have a valid commercial driver’s license or routine drug testing.

There is a wide range of differences from case to case and the average person lacks knowledge of the best way to handle accident claims. That’s why it can be helpful and important to talk to a personal injury lawyer about your car accident. An experienced PI attorney can answer your questions and help you determine how to move forward with your case for the best possible outcome. At Berger and Green, we have been helping car accident victims handle their claims for forty years. Call and talk to us today at 1-800-999-2626.