Vehicle accidents with a driver who is driving for work, whether they’re using a company vehicle or their personal vehicle, can complicate car accident claims in Florida. Employer liability may come into play if the accident occurred while the driver was acting within the scope of their job duties.
Adding a secondary defendant adds another layer of complexity to a contested car accident claim. While you’re well within your rights to seek compensation from both the driver and their employer, the guidance and advocacy of an experienced West Palm Beach car accident lawyer can ensure that you achieve the best possible outcome for your claim.
Is an employer liable for an employee’s car accident in Florida?
Yes, they can be. Florida law contains provisions allowing victims injured in a car accident to pursue damages against an employer for an employee’s actions.
For example, you’re hit by an Amazon delivery driver while they’re delivering packages on their assigned route. You can file a claim against the driver and Amazon. Or, perhaps an employee is using their personal vehicle for work duties, like making sales calls on company clients, and they run a red light and hit you. You can file your claim against the driver and their employer. Florida law doesn’t stipulate that the employee be driving a company vehicle for their employer to be liable for their actions, only whether they were acting within their job duties at the time of the accident.
Whether an employer can be held liable for employee-caused car accidents may also depend on the employee-employee relationship.
Vicarious liability and Florida car accident claims
Employers are responsible if an employee causes harm to another person through negligence or reckless actions. Florida law addresses this concept, indicating that an employer can be held liable when the employee who caused the wreck acted within their assigned job duties. Vicarious liability (also called respondeat superior) applies if the employer fails to properly train or supervise the employee, but it may also come into play even if the employer did not act negligently.
Filing a suit against a driver who was working
You may be able to file a claim with the driver’s own auto insurance company, as that driver is directly responsible for the harm you suffered. You may also file a suit against their employer. Your lawyer builds a case against the driver for negligence, then establishes the employer-employee relationship between the driver and the company to build the case for vicarious liability.
The driver’s employer may contest a suit that you filed against them; it’s not unusual for employees to distance themselves from employees who open them up to high-value lawsuits.
First, your lawyer establishes that the employee works for the employer. If the driver was a direct employee, this is relatively simple. However, the employer may still be liable if the driver was a contract worker, as is common in many semi-truck accident cases. Employers are expected to properly vet drivers representing their company.
Drivers working for rideshare companies like Lyft and Uber and food delivery services like DoorDash and Uber Eats are covered by an employer insurance policy, even though they are considered contract workers. For example, both Lyft and Uber extend a $1 million insurance policy for their drivers if they cause a wreck while transporting a fare.
When is a Florida employer not liable for a car accident their employee causes?
Employer liability has limitations, though. If someone is commuting to and from work, their employer would not be liable for any collision they’re involved in. Employer liability gets a little murkier when an employee is driving for work but takes time to run a personal errand while they’re out and about. An employer may make the case that their vicarious liability was lifted when the employee began their personal task.
Employer liability may not apply if the employee is acting recklessly or with intentional misconduct. For example, if the employee is under the influence of drugs or alcohol at the time of the wreck, the employer may be absolved of responsibility. Conversely, an employer may make a case that they are not liable if the employee was speeding, using their cell phone while driving, or driving recklessly.
Because applying the legal concept of respondent superior is nuanced, it’s best to have an experienced attorney handle your claim. Good lawyers have extensive resources to pinpoint the driver’s actions to affirm they were acting within the scope of their job duties, identify cases where employer liability applies, and contest employer claims that they are not responsible for the employee.
Legal help for employers and employees involved in car accidents
If you’ve been in a car accident caused by an employee driving for work, it’s important to understand your rights and options. Our experienced car accident attorneys at Lytal, Reiter, Smith, Ivey & Fronrath specialize in cases like these and can help you navigate the legal process to seek fair compensation. Don’t wait—call us today at (561) 655-1990 for a free consultation and let our skilled team advocate for you.
