Things to Consider When Injured by a Company Vehicle
Most automobile crashes between two or more individuals usually revolve around a theory of negligence: The at-fault driver owed a duty to the other drivers to be safe, they breached that duty in causing the crash, the crash caused injury to the harmed party(s), and the injuries caused damages that should be reimbursed.
However, in some situations, there are other claims that must be investigated along with the “typical” negligence claim. One such situation could be a motor vehicle collision involving a company vehicle.
Here is a list that includes some of the potential claims against a company that may coincide with the claim against the actual driver:Respondeat superior- This claim alleges that the employer (company) is also liable for the acts of the employee, so long as the employee is within the course and scope of their employment when they perform the bad act. This type of liability is known as “vicarious liability.”
This type of claim might be necessary in a motor vehicle collision if the employee was driving for the company at the time of the collision.Negligent Hiring –
An employer (company) may be liable if, prior to hiring the employee, they knew or should have known that the employee was unfit for the position.
This potential claim may arise if a driver for a company would be considered “unfit” to drive commercially due to their past driving record. Pursuing these claims usually revolves around the company’s hiring processes and whether they are adequate.Negligent Retention –
Similar to negligent hiring, this potential claim also arises from a company’s policies regarding hiring/firing. The difference is that this claim may occur when an employer knew or should have known that an employee is unfit for the position after they are hired, and they failed to terminate the employee after realizing this information.
Motor vehicle collisions involving company/commercial vehicles can be complex given the potential for multiple responsible parties and claims. There are other claims and considerations regarding these claims that aren’t discussed in this article.
If you’ve been injured in a motor vehicle collision by a company/commercial vehicle, you should consult with a personal injury attorney to discuss the details of your claim. Our firm offers a free consultation, and we do not take a fee unless we are successful in pursuing your case.Call us today or send us a message on our website.