Understanding Settlements in Company Vehicle Accidents
When you are in an accident with a company car, things can feel pretty confusing. The term ‘settlement’ is often brought up in these situations. Simply put, it is just an agreement where the company (usually through their insurance) pays you a certain sum. In return, your agreement is simply not to bring this issue up legally any further.
This may sound simple, but things can get pretty complicated if you do not have proper legal representation. We at Felice Trial Attorneys specialize exactly in these types of cases. Our professional and experienced attorneys can advocate for you, relay your experience, and help you navigate the process of negotiating with the company. Our ultimate objective is to ensure you receive a fair and just settlement. You have us on your side every step of the way.
Determining Liability in Company Vehicle Accidents
Determining liability in company vehicle accidents can be a daunting task, but it’s vital to understand who is responsible. Liability can rest on the shoulders of either the employer or the employee, depending on the specifics of the situation. Here is how it might look in different scenarios:
Employee responsibility
In certain cases, the employee could be at fault. For instance, if the employee goes off-course from their official route for personal errands and happens to meet with an accident, they could be held liable. Similarly, if the employee was careless or had violated traffic laws leading to the accident, the blame could fall squarely on them.
Employer responsibility
On the other hand, the employer could be accountable in scenarios where the accident occurred during the employee’s working hours while they were performing their job duties. If the company fails to properly maintain their vehicles, resulting in an accident, that is a situation where the employer may be responsible. Furthermore, if the employer knowingly allows an unfit or unlicensed individual to operate the company vehicle, they could be held liable for any resultant accidents.
Factors influence the final judgment.
- NATURE OF DUTIES: One of the first things to look at is whether the employee was on the job during the accident. If the employee was performing their job-related tasks at the time of the accident, it could significantly shift the liability in the direction of the employer.
- EMPLOYEE BEHAVIOR: How the employee handles the vehicle is another important aspect. If the employee was driving carelessly or ignoring the road safety rules, they could find themselves carrying the liability. The same goes for situations where the employee was driving under the influence.
- EMPLOYER’S POLICIES AND REGULATIONS: Employers usually have a set of guidelines for using company vehicles. If an employee has disregarded these rules, leading to an accident, this can heavily affect the decision of who’s held accountable.
- STATE LAWS: Every state has its own laws about company vehicle accidents. These laws can tip the scales in determining the responsible party. Local regulations play a crucial role in guiding the court’s verdict regarding liability.
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