If you are in an auto accident while on-the-job, your boss may or may not be liable for the damage you caused. It all depends on the reasons you were driving when the auto accident occurred. There are several theories of liability. The most common one is under the long-held principle of vicarious liability.

Vicarious Liability or Respondeat SuperiorLiable

Under the theory of vicarious liability, also known as respondeat superior which, when translated from Latin means, “let the superior answer,” principals (employers or superiors) are liable for the negligent acts of their agents (employees). Therefore, if you were driving for business reasons, your boss will be liable for the damages you caused in the accident.

The question arises: Were you driving for business reasons? If you were on your way to drop off packages for your boss when the accident happened, your employer will most likely be held liable since you were driving for a business reason. If you dropped off the packages, stopped off at a restaurant for dessert and coffee and then were involved in the accident on your way back to work, your boss will likely not be liable since you were not on employer business when the accident occurred.

Driving to and from work are almost never considered driving in relation to business. You will be the one liable for any auto accidents that occur during your commute. There are exceptions to every rule. If you are driving to a company event where attendance is compulsory, this may be considered on-the-job driving making your employer liable for an accident.

Negligent in Hiring of a Driver

If you have been hired specifically to be a driver for your employer, the employer has a responsibility to exercise due diligence to determine that you are considered a safe driver. Your employer may be liable under this theory if you have a poor driving record and are involved in an accident while driving for business reasons.

Negligent Supervision

It is the responsibility of employers who specifically hire commercial drivers to be sure they follow the state laws applicable to their driving profession. When employers are negligent in supervising their drivers, the employers may also be liable for the negligent acts of their employees.

If you were injured in a car accident that was the fault of a negligent driver who was driving in the course of employment, contact our Charlotte personal injury attorneys at Campbell & Associates for advice. We will help you obtain all the compensation for your damages to which you are legally entitled.