Yes, you can sue an employer for the employee's negligence in a car accident. If you were hit by a car driven by an employee within the scope of employment, you could sue the employer. If the vehicle was not driven within the scope of employment, you could still sue under the negligent entrustment theory.
If you have been involved in a car accident caused by a driver who is on the job, you may be able to bring suit against not only the driver but also their employer, increasing your chances of recovery. There are two ways in which the employer may be held liable, through:
An employer can be liable for an employee's bad acts. A negligent entrustment claim requires some evidence that entrusting the vehicle to the employee was negligent.
Active negligence includes the negligent hiring or supervision of an employee because an employer has the duty to hire qualified personnel and to supervise the employees in a non-negligent manner. Here are a few situations in which employers may have to pay up:
The vicarious liability doctrine of law asserts that employers are liable for the actions of their employees provided the employee is acting within the scope of their duties and plaintiffs don't have to present evidence that the employer was negligent. Simply put, the employer will be liable and you can sue them for damages, for example:
When employees deviate from the employer’s directive and act independently or purely out of personal motives, the employer may not be liable. Here are a few examples to illustrate the difference:
When employees are acting within the scope of employment, the employer will face vicarious liability regardless of whose car was being driven. Obviously, if the employee is driving an employer-owned vehicle, the employer’s auto insurance will pay.
If you, or a loved one, have been injured in a car accident, call our experienced Miami car accident attorney today. When you contact our office we'll set an appointment where we'll evaluate your case for free.