If you cause a wreck in your personal vehicle, you are generally liable for your damages and the other party or parties damages. However, if you were driving as part of a work-related task at the time of the accident, your employer might also have liability – although that does not necessarily take away your liability. We can discuss whether your company is liable for a car accident that occurred during work hours while you were performing a work task in your personal vehicle.
After any car accident, no matter who is at fault and whether you were driving for work or personal business, you should speak with an attorney. A Fort Myers car accident lawyer can advise you of your rights, help shield you from liability, and work with you to pursue compensation for your damages. For a free consultation with the attorneys at the Law Offices of Anidjar & Levine, call 1-800-747-3733 today.
When Is My Employer Liable for My Car Accident Damages?
Under certain circumstances, your employer has vicarious liability for your actions behind the wheel, meaning that if you cause damages to another person or property – whether you were negligent or not – your employer may be liable alongside you. The circumstances under which your employer could have vicarious liability for your car accident damage are as follows:
- You were on the job and on the clock when the accident occurred.
- You were driving as part of a work-related task.
- You were driving to carry out a task your boss or employer asked you to do.
- You took part in an activity from which your employer stood to benefit.
In other words, if you were on the clock and completing an activity that your employer asked you to do, then your employer probably has vicarious liability for your car accident.
Not only that, but your employer could be responsible for your injuries – even if the car accident was your fault. If you sustain injuries doing anything work-related, you might be able to file a workers’ compensation claim and pursue damages from your employer’s insurer. Our Fort Lauderdale car accident lawyers can review your situation and offer advice on this process and your legal options.
When Is My Employer Not Liable for My Car Accident?
In some situations, your employer does not have vicarious liability for your car accident, even if it occurred in the middle of the workday.
For example, if you leave work to run a personal errand, such as picking up lunch or visiting the dentist, your employer would not be liable for an accident that occurred during this time, as you were not performing a work-related task.
Similarly, your commute to and from work is typically not considered a part of your job. However, exceptions apply—if you go out of town on a business trip or run an errand for your employer on your way to work, for instance, your employer could be liable.
Employer Liability in Rideshare Accident Cases
Another factor that could affect employer liability for a collision is the type of work you were performing at the time. Specifically, rideshare driving accidents have complex coverage and liability rules since these drivers are considered independent contractors.
As a rideshare driver using your personal vehicle, you must carry a valid personal auto insurance policy. However, rideshare companies often provide additional insurance coverage under specific circumstances. For example, Uber and Lyft’s insurance policies may apply when the driver:
- Was logged into the app and searching for riders
- Had accepted a ride request and was on the way to pick up the customer
- Was transporting a rider to their destination
A rideshare accident attorney can help you navigate the complexities of these cases.
How a Car Accident Attorney Can Help
Our car accident lawyers know state laws regarding car insurance and personal injury. This knowledge allows us to help our clients navigate even the most complex cases – including those that involve work-related collisions.
If you suffered a car accident while performing a task for your job during work hours, our team can help you sort out who is liable for the damages.
Our other services include:
- Collecting evidence to prove a case for financial recovery
- Accounting for all your damages and estimating their value
- Negotiating with insurance adjusters for a fair settlement
- Communicating and filing legal paperwork on your behalf
- Explaining how Florida law affects your case, including the state’s lawsuit filing deadline
- Discussing your legal options so that you have the knowledge to make informed decisions throughout the case
- Providing regular updates as the case progresses
- Representing you at trial if the case doesn’t settle out of court
There are many steps to seeking compensation from a liable party and a limited time to sue, so it’s critical to act quickly.
The Importance of Seeking Legal Help Right Away
From the moment a collision occurs, you have a certain amount of time to build a case for damages and file a lawsuit. In Florida, this filing window is generally four years, according to Florida Statutes § 95.11(3)(a). You lose your right to do so if you do not initiate the legal process within this window.
To prevent this from happening, you want to get the process going as soon as possible after the collision. The earlier you contact our team about the case, the more time our attorneys can dedicate to building a compelling case and calculating your potential settlement or court award.
Call Us If You Have Questions
No matter the circumstances of your Fort Lauderdale car accident, our team wants to hear about the case and discuss how we can help. The Law Offices of Anidjar & Levine provide comprehensive personal injury services to car accident victims throughout Florida. For a free consultation with our team and to hire a personal injury lawyer, call us today at 1-800-747-3733.
We Can Help.