Attorney David I. Fuchs
Jul. 1, 2016
Car Accident Law
Accidents happen on a daily basis in Ft. Lauderdale and throughout Florida. But have you ever wondered who would be held responsible if you are hit by someone driving a UPS truck? Or what if you were hit by the pizza delivery person? In Florida, if the vehicle driver collides with you while he or she is working, that driver’s employer might also be held legally responsible. Let’s consider the following.
Generally, employers will not be held liable for accidents caused by their employees if the employees are traveling to or from work, as that travel is not deemed to be within the scope of employment for purposes of holding an employer liable. This holds true even when the vehicle used by the employee is used for work but partially maintained by the employer (meaning the employer pays for related licenses, tires, gas and contributes to maintenance costs).
Typically, yes. Employers can be held liable for related compensatory damages stemming from an employee’s acts while operating the company vehicle. Under the dangerous instrumentality doctrine, the individual who causes a collision is not always the only individual who can be held responsible for the damages incurred. Courts can impose vicarious liability to those who permit others to operate their automobiles.
Whenever an employee is operating a motor vehicle while within the scope of his or her employment, the employer can be held liable for the employee’s negligent acts — even if the employee is in his or her own vehicle.
Under Florida law, no, the employer would not be vicariously liable in this scenario. This remains true even in cases where the employee leaves the keys to the vehicle in the ignition during business hours.
If an employee’s negligence or carelessness results in your accident-related injuries, you might be entitled to receive compensation for a number of things, including:
Dealing with the aftermath of an automobile crash can be difficult. That is why we encourage accident victims to seek legal guidance from a skilled car accident attorney who will help ensure that a thorough and proper investigation is done in order to hold all potential parties liable under the law.
If you believe your accident may involve employer liability issues, contact David I. Fuchs, Injury & Accident Lawyer, P.A. right away to discuss the details.