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Employer Liability in Distracted Driving Accidents

Posted on in Personal Injury

Many occupations require employees to be on the road. From travelling salesmen to truck drivers, millions of people are required by their employers to travel and be accessible. When accessibility interferes with driving,accidents can happen and, when they do, it can create questions of who is at fault. Is it the employee or the employer?

In most cases, if a person is driving for work, becomes distracted, and causes an accident, the employer can be held liable. This includes circumstances in which accidents are caused when an employee is:

  • Texting, video chatting, or otherwise talking on the phone (Employers can be held liable even if the driver’s text or phone conversation was not work-related.)
  • Eating
  • Grooming or putting on makeup
  • Driving at especially late or early hours or drove for a significant amount of time after work

It may seem odd that an employer could be held liable for such behaviors,but the law requires all businesses and business owners to provide propersafety training and make sure their employees follow all laws and regulations,to which traffic laws are no exception. In any of the above circumstances,an employer could be held liable for counts of negligent supervision.However, an employer could also be charged with vicarious liability, whichoccurs when an employee is involved in a car accident as a result of work-related distractions. Negligent supervision and vicarious liability are the two primary legal pathways to holding an employer liable in a car accident caused by an employee.

If you have been harmed in a car accident that was caused by a distracted driver who was driving for work, holding their employer liable for the damages you have suffered may be the best way to receive the compensation you deserve. Car accidents can do serious physical, financial, and emotional damage, and the cost of such damages adds up over time. Don’t wait to start making your case. Get in touch with our Greenwich car accident attorneys today and let our team at Ivey, Barnum & O'Mara, LLC help you get the results you deserve.

Call us at 203-661-6000 or schedule a free case evaluationtoday.

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