Knowing your Rights in an Accident with a Company Vehicle
Saturday, September 8, 2018
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Most people recognize their rights when they are involved in an accident in their own cars, but what if the accident happened in a company vehicle? Who is obliged to pay for the damages? Can you become personally responsible or is it your boss's responsibility? Unfortunately civil liability in a company vehicle is a very complicated legal matter that involves countless factors to determine who will pay for the damages. If your job involves driving a company's vehicle, you should be aware of the rights and responsibilities that you have in the event of an accident.
Car accidents happen all the time and if your job involves driving in a company car, the possibility of getting involved in a collision unfortunately increases. Whether you are driving a taxi, delivering items in the truck or going from a company or any other activity that requires you to drive every day in a company vehicle, it is important to arm yourself with the proper knowledge in the event that an accident occurs while You are at work.
In the law, there is a concept called "superior doctrine of the defendant." According to this doctrine an employer can be responsible for the actions of employees during their work - the employer can be indirectly responsible if in fact you have an accident while you are working. What does indirect responsibility mean for an employee? It simply means that if you have a car accident in the car of the company where you work, your employer may be responsible if you were developing your work obligations within the scope of work at the time of the accident. It sounds simple enough, however, it is not always clear if the incident happened during the course of the job, at what point, the courts decide who is responsible. How does the court determine this? It does so by determining if at the time of the accident you were performing your job functions or you were taking a "detour" or "diversion" as required by law.
Fun on the other hand happens when the accident happens when an employee is doing something that is completely outside of the functions of their job. An employee could be doing their own personal procedures or stop to have coffee with friends when the accident occurs. When the employee is not completing the obligations directly related to his work at the time of the accident, the employer will not be responsible for it. If you were injured during an accident, you have the right to file a personal injury claim. Unfortunately the process is a bit more difficult when you are driving a company's vehicle and not your own. Immediately after the accident, as in all accidents, whether related to work or not, you need to go to the medical center to be evaluated by a doctor. You should also contact the police so the police report is also presented. In addition, you should obtain contact information from any eyewitness.
Once you take the steps outlined above, the process with your company begins - and it can be complicated. If your employer is asking you not to file a claim for the accident, or is asking you to use your legal experts, it is the right time for you to find your own advice. You have every right to be compensated for your injuries and sometimes those interests may be in conflict with the interests of the company. Even if it is not on purpose, your company may seek more welfare itself than welfare for you, so you need someone who is on your side better representing your interests. For example, the company may be hiding factors, such as the vehicle was not sure. As an employee driving a company car, the law requires that the vehicle be under constant maintenance and that it be marching to perfection so that you can handle it. There are certain health and safety regulations that must be followed by your employer. If your accident was the result of their negligence of not having kept the vehicle in order, they may be responsible for your personal injuries. It is the same as if you had been working in your office and are injured due to an unsafe workplace.
If you have been involved in an accident with a company vehicle, call Reyes Browne Reilley Law Firm for a free consultation. The civil liability issues of a company's vehicles are very complicated, and it is advised that you seek professional advice to ensure that your rights are respected and to obtain the best possible result, especially if the case goes to trial.
Car accidents happen all the time and if your job involves driving in a company car, the possibility of getting involved in a collision unfortunately increases. Whether you are driving a taxi, delivering items in the truck or going from a company or any other activity that requires you to drive every day in a company vehicle, it is important to arm yourself with the proper knowledge in the event that an accident occurs while You are at work.
Knowing your Rights in an Accident with a Company Vehicle
In the law, there is a concept called "superior doctrine of the defendant." According to this doctrine an employer can be responsible for the actions of employees during their work - the employer can be indirectly responsible if in fact you have an accident while you are working. What does indirect responsibility mean for an employee? It simply means that if you have a car accident in the car of the company where you work, your employer may be responsible if you were developing your work obligations within the scope of work at the time of the accident. It sounds simple enough, however, it is not always clear if the incident happened during the course of the job, at what point, the courts decide who is responsible. How does the court determine this? It does so by determining if at the time of the accident you were performing your job functions or you were taking a "detour" or "diversion" as required by law.
Difference between a "divert" and a "diversion"
So, what is the difference between a "divert" and a "diversion"? A detour occurs when an employee is developing functions that fall within the scope of their work, but take a small detour. Whether this deviation is to place gas or take the vehicle to change a flat tire, the employee is still in the process of performing his duties. An employer is liable for damages if the accident occurred during a detour.Fun on the other hand happens when the accident happens when an employee is doing something that is completely outside of the functions of their job. An employee could be doing their own personal procedures or stop to have coffee with friends when the accident occurs. When the employee is not completing the obligations directly related to his work at the time of the accident, the employer will not be responsible for it. If you were injured during an accident, you have the right to file a personal injury claim. Unfortunately the process is a bit more difficult when you are driving a company's vehicle and not your own. Immediately after the accident, as in all accidents, whether related to work or not, you need to go to the medical center to be evaluated by a doctor. You should also contact the police so the police report is also presented. In addition, you should obtain contact information from any eyewitness.
Once you take the steps outlined above, the process with your company begins - and it can be complicated. If your employer is asking you not to file a claim for the accident, or is asking you to use your legal experts, it is the right time for you to find your own advice. You have every right to be compensated for your injuries and sometimes those interests may be in conflict with the interests of the company. Even if it is not on purpose, your company may seek more welfare itself than welfare for you, so you need someone who is on your side better representing your interests. For example, the company may be hiding factors, such as the vehicle was not sure. As an employee driving a company car, the law requires that the vehicle be under constant maintenance and that it be marching to perfection so that you can handle it. There are certain health and safety regulations that must be followed by your employer. If your accident was the result of their negligence of not having kept the vehicle in order, they may be responsible for your personal injuries. It is the same as if you had been working in your office and are injured due to an unsafe workplace.
If you have been involved in an accident with a company vehicle, call Reyes Browne Reilley Law Firm for a free consultation. The civil liability issues of a company's vehicles are very complicated, and it is advised that you seek professional advice to ensure that your rights are respected and to obtain the best possible result, especially if the case goes to trial.
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