When it comes to employment law, knowing its nuances, especially as it pertains to liability, is very important for both employees and employers. One pertinent question often arises: Is an employer liable for an employee car accident in California? This answer can be multifaceted and relies on the circumstances of the case to determine an employer’s level of liability.
Employer Liability
The legal principle of “respondeat superior,” which translates from Latin to “let the master answer,” is fundamental to establishing employer liability. According to this principle, employers are responsible for their workers’ acts as long as they are carried out within the parameters of their employment. Respondeat superior holds an employer accountable for an employee’s careless actions while they are carrying out their job responsibilities.
Vicarious liability, however, expands this idea by making one person accountable for the deeds of another. If an employee acts while on the job, the plaintiff may use vicarious responsibility to hold the employer liable for the employee’s activities in the employer-employee relationship. This liability is based on the employment relationship rather than the employer’s negligence.
One exception that can absolve employers from liability in auto accidents is the “coming and going rule.” According to this, companies are typically exempt from liability for mishaps that happen to workers as they are traveling to and from work. The reasoning behind this is that traveling is seen as a personal activity and does not fall under the scope of work.
An important exception to the “coming and going rule” is the “special errand exception.” Employers may be held accountable for any incidents that happen when an employee is running a specific errand or carrying out duty at the employer’s request, even if it takes place outside of usual work hours or tasks and if they are coming and going from the office while performing such tasks.
This exception emphasizes how crucial it is that an employee’s actions directly align with the objectives of the employer.
Employee’s Scope of Employment
Assessing employer responsibility requires determining if an employee’s vehicle accident occurred while they were doing their job duties. When determining this, courts take into account a number of variables, such as whether the worker was performing their job obligations, whether the accident happened during working hours, and whether the worker was advancing the employer’s commercial interests at the time of the accident.
For example, the respondeat superior concept may hold the employer accountable if a delivery driver is involved in an accident while making a delivery for their employer. On the other hand, if the employee’s actions were not related to their job, such as making a personal stop during their lunch break, the employer might not be held accountable.
An important factor in determining an employee’s scope of employment includes determining if they are an independent contractor or an employee. Independent contractors are not subject to the same degree of supervision as employees, so employers are typically not held accountable for their conduct.
Vicarious liability may still be applied, however, if the independent contractor was carrying out essential functions for the employer’s operations or if the employer maintained substantial control over how the work was carried out at the time of the accident.
Other Forms of Liability
Employers may be directly liable for negligent recruiting, supervision, and retention in addition to vicarious liability. Employers may be held directly responsible for any damages if they do not take reasonable precautions when recruiting a skilled and safe worker or if they fail to oversee or retain a worker who endangers others adequately.
For instance, an employer may be held accountable for negligent hiring if they hire a delivery driver without first verifying the applicant’s driving history and the driver causes an accident.
How to Prove Employer Liability
If you were injured in a car accident caused by an employee performing job functions, a Cathedral City work-related car & truck accident lawyer can help you prove employer liability. This will be necessary if the issue proceeds to court. Evidence that an attorney can help you gather include:
- Proof of employment
- Repair records for the company-owned vehicle
- Employee schedule or other documentation showing that the employee was scheduled to perform these duties
- Documentation (or lack thereof) proving inadequate screening processes for employees that pose a hazard or insufficient safety measures.
FAQs
Q: Is an Employer Held Liable for Damages Caused by an Accident Involving an Employee in California?
A: An employer is typically liable for damages caused by an accident involving an employee in California if the accident occurs while the employee is performing work-related duties. This includes activities that are within the scope of employment, such as running errands for their employer. An employer would typically not be held responsible if the employee made personal errands during a break.
Q: Are Employers Liable for Accidents Caused by Independent Contractors?
A: Generally, employers are not liable for accidents caused by independent contractors. This is because they typically do not have the same level of control over them as they do over employees, and contractors have more freedom in when and how they complete their tasks. However, if the independent contractor is performing tasks related to the employer’s business or if the employer has a high level of control, the employer may be held liable.
Q: What Is The “Coming and Going” Rule in California?
A: The “coming and going” rule generally states that employers are not liable for accidents that occur while employees are commuting to and from work. Traveling is seen as a personal activity and does not fall under the scope of a job. There are, however, some exceptions, such as when the worker is traveling for business or doing a task linked to their job while commuting.
Q: What Is the Special Errand Exception?
A: The special errand exception is an exception to the “coming and going” rule. It states that if an employee is performing a specific errand or task at the request of their employer, even if it is outside of normal work hours, their employer can be held liable if they get into a car accident while performing this task.
Contact English, Lloyd & Armenta Today
If you or someone you know has been injured in an accident and the driver was under the supervision of their employer at the time, English, Lloyd & Armenta can help you receive the compensation you deserve for your damages. Contact us today to speak with a representative.