Employers are responsible for their employees’ actions when they send them out on the road for work purposes.
California’s Civil Code (CIV) explains that the “principal” (the employer) is liable for any harm their “agent” (the employee) causes to someone else.
Unless required by or under the authority of law to employ that particular agent, a principal is responsible to third persons for the negligence of his agent in the transaction of the business of the agency, including wrongful acts committed by such agent in and as a part of the transaction of such business, and for his willful omission to fulfill the obligations of the principal.
Is an Employer Responsible After a Worker Causes an Accident?
CIV 2338. is the basis for California’s legal concept of “vicarious liability.” These are laws that leave employers liable for the harm their employees cause while performing their job duties.
It’s true even if the owner isn’t present at the time. It can apply whether the driver is in a company-provided vehicle or they are using their own car (perhaps getting paid for their mileage).
Employees out on freeways and boulevards in the course of business represent their employer. Employers would usually have to have insurance that covers all employees in case of an accident. If the driver makes a mistake on the road and causes damage and injuries, the employer’s insurance should cover the recovery costs, such as all medical bills and the income lost while victims can’t work.
Who Can Vicarious Liability Apply To?
Any employer might be responsible when an employee strikes someone else’s car during work hours.
These and other parties might face liability:
- Delivery companies such as Amazon and FedEx are responsible for their drivers in vans and trucks
- Factory and manufacturing plant owners who send out products and receive materials from a network of semi-trucks and their drivers
- Farms, Orchards, and Ranch owners who send produce trucks, packaging plant trucks, and even tractors out on local lanes
- City, county, and state government workers, especially traveling in work vehicles (although other laws will affect a case versus a governmental department)
It’s important to investigate who is liable for your accident. An Experienced California car accident lawyer helps you pinpoint where the blame should go. Then a lawyer can help you back your claim with evidence and direct it to the right place to get maximum compensation.
Rideshare Accident Exceptions
There are some ways that companies and corporations try to escape blame for the workers they send out on highways. They often try to claim they aren’t real employees.
Walmart wants to keep Walmart Spark delivery drivers classified as “independent contractors.” Their Spark drivers have to carry their own personal car insurance, and that’s where victims are often forced to draw from.
Uber and Lyft do cover their drivers in some situations. They also require their drivers to carry their own car insurance. In an accident, victims often have to file claims against the driver’s personal coverage. Whatever the insurer doesn’t cover, Uber or Lyft may pick up, but it’s dependent on the phase of work mode the driver was in at the time.
If an accident occurs while the driver is on the road, but has no passenger and hasn’t accepted any ride requests, the rideshare will pay victims up to a certain point. However, if the driver has a passenger or is on the way to pick up a customer and strikes a car or pedestrian, Uber and Lyft will often provide up to a million dollars in coverage.
The fast food and grocery delivery app-based companies sometimes cover their drivers; other times they insist on their drivers using their own insurance after accidents.
Contact a California Car Accident Attorney
If your accident involves a serious injury and someone’s employee was to blame, it’s an excellent idea to speak to a lawyer. A list of serious injuries might include bone fractures, a neck or back injury, or brain trauma.
Your California Car Accident Lawyer can help put pressure on parent companies to force them to step up and help the victims of their business practices.
Maison Law of California offers a free, no-obligation case consultation for all injured California accident victims. If you do need our help, there are no upfront charges. In fact, we aren’t paid unless we win your case for you. Then our fee comes out of the check the insurance company must write for you.
