Being able to drive a company car can be a nice job perk, but it can also have its disadvantages. When it comes to car accidents in company vehicles, cases can become complex and it may take time to determine who is liable for the victim’s damages. If you’ve been involved in an accident with a company vehicle, consult with a trusted Nevada personal injury lawyer for advice and representation.
Vicarious liability is when one party is held responsible for the actions of another person. In this situation, it means that the employer who owns the vehicle is responsible for the actions of their employee who was driving the vehicle. Vicarious liability only applies when the employee was acting within the scope of their employment when the accident happened.
Some examples of when vicarious liability applies include:
Some examples of when vicarious liability does not apply include:
Before the victim of the accident can seek compensation from your employer, you as the employee must be determined primarily at fault for the accident. Nevada’s law of comparative negligence says that whichever party is at least 51% responsible for the collision is legally liable for the victim’s damages. If you are less than 51% responsible for the accident, you may be able to seek compensation for any damages you incurred, although they will be scaled down by whatever percentage you are at fault.
Sometimes, drivers try to hold corporations or employers responsible because they expect a higher payout. However, your employer is not liable unless you are actually at fault for the accident. The same rules of fault, demonstrating the four elements of negligence, and comparative negligence apply when a company vehicle was involved in a crash.
If you are in an accident with a company vehicle but are not deemed at fault for the incident, a Las Vegas car accident law firm can help you seek compensation for the damages you suffered. The situation will be handled similarly to any other car accident. The at-fault party will be responsible for your injuries, losses, and damages. Your employer will seek compensation for the vehicle damage in a separate insurance claim.
Generally speaking, if you were injured in a company vehicle while working, your workers’ compensation benefits will apply first, and the liable auto insurance company’s policy will cover any remaining losses. Workers’ compensation will only pay for a portion of your lost wages and medical bills, which means the other insurance company will be responsible for other lost wages, anticipated lost wages, lost benefits, pain and suffering, and other damages that you may have suffered.
If you were not working at the time of the accident, the incident will not be covered under workers’ compensation. The at-fault driver’s insurance or your own insurance policy will be liable for your damages.
If you are at least 51% responsible for an accident while on the clock and within the scope of your employment, your employer will be liable for the victim’s damages under vicarious liability. If you were not on the clock or working outside the scope of your employment at the time of the accident, you will be personally liable. Your car accident attorney in Las Vegas recommends carrying auto insurance coverage that extends to any company vehicles you operate so you can protect yourself from personal liability in this type of incident.
Everything in your life can change after a car accident. Injuries, pain, and losses can feel overwhelming and you may struggle to work with insurance companies as you face many challenges in your life. When you work with Benson & Bingham Accident Injury Lawyers, LLC, we will handle the many details of your claim while providing trusted legal advice and representation based on our decades of experience in personal injury law. As we fight to protect your rights and interests on your behalf, you can focus on your recovery without fear of the future. Contact our firm to schedule your free, confidential consultation with one of our experienced personal injuries attorneys. We are ready to help.
Benson & Bingham Accident Injury Lawyers
Summerlin Location
11441 Allerton Park Dr #100
Las Vegas, NV 89135
Phone: 702-684-6900
Fax: 702-382-9798
Downtown Location
626 S 10th St
Las Vegas, NV 89101
Phone: 702-382-9797
Fax: 702-382-9798
Henderson Location
9230 S Eastern Ave #155
Las Vegas, NV 89123
Phone: 702-463-2900
Fax: 702-382-9798
Reno Location
1320 E Plumb Lane Ste A
Reno, NV 89502
Phone: 775-600-6000
Fax: 702-382-9798
Joseph L. Benson II, and Ben J. Bingham, Personal Injury Attorneys
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