What Is Employer Liability In A Car Accident?

Posted by on November 11, 2010 | No Comments

Today, if your employee uses his mobile phone during his driving time and then he is getting into a Car Accident Grand Prairie, things can be very bad. It is not only your employee who is liable if there is a personal injury; you or your company must share the responsibility.

The controversy about the use of cellular phones during driving time is not over yet. Those who agree that it should be ruled out believe that mobile phones can distract drivers, thus endanger everybody on the street. Those who oppose argue that even listening to the music or just talking to another passenger can provide the same distraction. However, it is worth noting that, in several cases, courts often granted the plaintiffs’ lawsuit and gave them big amount of compensation if the plaintiffs are bodily injured in an accident that happened when the drivers were using their cell phones.

Employer Liability: There are a lot of workers who get tremendous pressure from their bosses. In the time when economic condition is not really supportive for anyone, when jobs is rare and work security is not guaranteed, workers will do whatever they can to appease their employers. This is including making and accepting phone calls while driving. Although still debatable, many states have enforced a law that prohibit phoning and texting while driving. More importantly, it will weaken the driver and his employer’s position in the court when an accident which causes a personal injury happens. Drivers who are phoning when the accident took place generally will be considered guilty.

In most of the cases, the drivers’ lawyer would attempt to dispatch the liability of the accident along with the personal injuries to the employing party. The lawyers’ arguments could be legitimate if there is some evidence that the employer had given a heavy workload to the driver. This workload then led the driver to make phone calls while driving. The employer must be ready to pay a huge sum of money if the accident caused a severe personal injury to the victim. In this case, the employer is the subject of vicarious liability. It means that the employer is legally responsible for the incident that is caused by his employee’s complacency due to lack of work security.

Measures to Limit Employer Liability: The employer actually can avoid being liable in any accident that involves his on-duty employee by hiring a competent personal injury attorneys, especially those whose specialization is in car accident cases. The attorney can give preventive steps to make the employer free from all charge when his employees become bad on the street. These are the steps:

First, Make a comprehensive yet understandable policy on your company regarding the use of phones while driving. Make sure you let all employers know that it is strictly forbidden. You can make the formal version (you must make it actually) by the help of a competent lawyer who has experience in car accident. Make sure everyone signs it!

Next, print the copy of legal document that show the prohibition of the usage of mobile phones in certain states. This way, your employers will know the danger and lawsuit potential if they still do that.

The last thing, make the employer sign the indemnification that will allow you to be free from any liability when the employee break the company policy and then involved in an accident. This statement of indemnity should be made carefully by an experienced attorney.

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