Managing Partner
When a commercial driver negligently gets into an accident, liability can sometimes be extended to their employer. However, just because a negligent driver is employed does not necessarily mean their employer will be liable. You need to present a good case.
If you’ve been in an accident, you will want to explore all avenues of compensation. Company liability for a driver’s commercial vehicle accident may be one of your options. Get started today by working with the experienced Nassau and Suffolk County legal team of Dell & Dean, PLLC.
Two Basic Ways to Hold a Company Liable
There are two essential ways in which the driver’s employer can potentially be held liable. First, under a theory of vicarious liability (also known in this context as respondeat superior). And second, if the company itself has direct liability for its own negligence.
Vicarious liability
A company may be held liable due to one of its driver’s negligent acts or omissions. This may happen even if the company itself did nothing wrong. An example might be if the driver in Queens misjudges oncoming traffic and makes a left turn, striking someone else.
Importantly, the driver must be acting within the scope of employment at the time of the crash. A court may decline to impose vicarious liability if the driver was engaged in a personal errand and got into a car accident, something independent of their employment.
So if a driver was making deliveries for their boss, specifically performing work duties, or traveling for a business trip, the employer could potentially be held vicariously liable. Inquiry into such matters as the purpose of the driving and the employer’s control will be required.
The company’s own negligence
Independent of the driver’s negligence, the company may itself be liable for the accident. There are some common situations in which a victim can make a separate direct-negligence claim. Whether these are available may depend on whether the driver’s conduct was within the scope of employment, along with other facts about the case:
- Negligent hiring or retention: If the company should have been aware that a driver it hired was unsafe, and either hired the driver or kept them anyway, then the company’s negligent hiring or retention could be the basis of liability.
- Negligent training: Training may be required for a new driver, especially for a busy area like New York City. But mistakes made during the training process could ultimately lead to an accident, and allow the victim to name the company as a defendant.
- Negligent supervision: Even if the driver is properly trained, they may require a period of supervision to ensure they understand how to drive safely. Negligence in this area may be another reason to point liability back to the company.
- Failure to maintain or negligent maintenance: This situation particularly applies if the company owns the vehicle in which the driver got into the accident or is responsible for maintaining it. Commercial vehicles such as trucks need regular and proper maintenance to avoid an accident.
The Role of Commercial Insurance
Once the legal basis for liability is established, the victim needs to determine how they will be covered for their medical bills, lost income, and other losses. Commercial insurance is not about determining who is at fault, but whether coverage is available for the victim’s losses.
This is where your Nassau commercial vehicle accident attorney will need to review the company’s policies. The attorney must evaluate the conditions, exclusions, and other terms. Commercial coverage is especially relevant if the driver was driving in a company vehicle.
But insurance is more complicated if the driver was using their own vehicle to do work. In this situation, the driver’s personal insurance could pay for the victim’s losses. Even so, there may be exclusions in the policy if the employee was working at the time of the crash.
Insurance questions are complicated because there may be multiple policies and the specific circumstances of the accident will determine which ones apply. We can take steps to get copies of all policies and determine which one is relevant for your accident.
The Role of Good Evidence
Another important consideration is the evidence related to the accident. As the victim, you will have the burden of presenting this evidence to show that the company or some other party is liable for your injuries. The evidence could include:
- Driver records: Contracts, payroll records, timesheets, background checks, and other employment documentation that show the formal relationship between the driver and the company are foundational.
- Training, supervision, and discipline records: Anything that evidences how the company trained or supervised the driver, including any proof of discipline, is likely useful in your case.
- Work records: These are documents related specifically to the driver’s work at the time of the accident, including assignments, delivery orders, schedules, and dispatch records.
- Electronic data: This can track what the driver was doing and when, and could include GPS data, event data recorders, text messages, call logs, and more.
- Internal documents: Internal company documents, such as those pertaining to policies and procedures, might also prove helpful and your attorney can take steps to obtain copies of these.
- Vehicle maintenance and repair records: If there was a problem with the vehicle, and it points back to poor maintenance or repair work, your lawyer will need to see these.
- Statements and complaints: Statements from the driver, victims, and any eyewitnesses, along with prior complaints made about the driver, are certainly relevant.
- Videos: Some commercial vehicles have cameras that record the driver’s actions, and your attorney can do what is needed to obtain this evidence.
Certain pieces of evidence are prone to be lost or destroyed. For instance, in-vehicle camera footage can be automatically overwritten or otherwise lost. Your attorney may use a spoliation letter and other tactics to preserve relevant evidence.
How Dell & Dean Helps Commercial Vehicle Accident Victims
If you were injured in a commercial vehicle accident, we can help determine if one of the liability theories above applies. Then we can obtain valuable evidence, calculate your possible damages, and get to work seeking compensation from the insurance companies.
Our goal is to stand up for your rights while helping you get back to your normal life as quickly as possible. Learn more about how Dell & Dean represents commercial vehicle accident victims by scheduling your free consultation.
