Employer’s Liability in an Auto Accident

Have you been injured in an auto accident by a driver who was performing his duty at work? You can hold his employer liable for the accident. However, the employer’s liability will be determined on the basis of his legal responsibility. There are two main ways to hold an employer liable for an auto accident caused by his employee- negligence on the part of the employer, and vicarious liability.

1.       Negligence of the employer

Employer negligence may include negligent hiring of the employee and negligent supervision of the employee.

Negligent hiring of employee: When an employer hires a driver for driving a company vehicle, it is his responsibility to make sure that he employs someone who has the right skills and training and drives safe.

In the case of a commercial vehicle, the employer must make sure that the employee has a commercial driving license that is in good standing and has not been suspended. He may also take additional precautions, like checking the employee’s past driving record or performing a drug test on him.

Negligent Supervision: It is the responsibility of an employer to have safety policies in place and make sure that all employees comply with the safety laws. Failure to supervise properly can hold him liable for accidents.

2.       Vicarious Liability

Vicarious liability is a doctrinal law which states that the action of an employee is the same as that of his employer. However, this rule applies only if the employee was actually in the process of doing something for the employer at the time when the accident happened.