Vicarious liability, also known in some legal circles as imputed liability, is a legal doctrine that holds one party responsible for the actions of another, not because they directly caused harm, but because of their relationship to the person who did.
In the context of a car accident, this typically applies to employer-employee relationships. If an employee causes a car accident while performing duties within the scope of their employment, the employer could be held legally responsible for the damages.
This principle exists because employers are expected to take responsibility for their employees’ actions while they’re on the job.
Consult the knowledgeable lawyers at Coates Law Office to understand how vicarious liability might impact your claim.
Why Vicarious Liability Matters in Your Car Accident Claim
Vicarious liability is crucial from a practical standpoint: it often opens the door to larger insurance policies and deeper pockets.
Let’s say the driver who caused your accident is only carrying the minimum liability insurance required by state law, sometimes as low as $15,000 in certain states. If your medical bills and car repairs exceed that amount, you might be left high and dry. But if the driver was working for a company, that company may have a commercial insurance policy worth hundreds of thousands, or even millions, of dollars.
By proving vicarious liability, you may be able to:
- Access significantly higher compensation.
- Hold large companies accountable for unsafe practices.
- Ensure your medical care and other expenses are fully covered.
In other words, it can make or break your financial recovery.
Common Examples of Vicarious Liability in Car Accident Cases
You should know that whether a driver is considered an employee or a contractor can significantly affect whether vicarious liability applies.
Nonetheless, here are a few of the most common scenarios where this principle is relevant:
Company vehicles
When a company provides a car for an employee to use during work hours, and the employee causes an accident while using that car for business purposes, the company is often held responsible. This is especially true for sales reps, field workers, or technicians who travel regularly as part of their job.
Delivery drivers
Drivers for courier services or food delivery companies often face tight deadlines, which can lead to reckless driving.
If a driver causes an accident while en route to deliver something for work, the company employing them may bear liability, even if the employee was temporarily off-route, as long as their trip was job-related.
Ridesharing services
Companies like Uber and Lyft complicate vicarious liability because their drivers are typically classified as independent contractors.
However, during active trips (once a rider has been picked up), these companies may provide liability coverage. This doesn’t necessarily make them vicariously liable in the traditional sense, but their commercial insurance may still cover damages.
How to Prove Vicarious Liability
Proving vicarious liability isn’t automatic. You or your attorney must prove a set of specific facts that show the person who caused the accident was acting as a representative of another party at the time.
Here’s what must typically be shown:
Employer-employee relationship
You need to prove that the driver was employed by the company, not just someone loosely associated with them. Employment contracts, pay stubs, or internal company documentation can help establish this link.
Scope of employment
The driver must have been performing duties related to their job when the accident happened. For example, if a delivery driver causes a crash while dropping off packages, that’s within the scope. But if they take a detour to run a personal errand and crash during that detour, it might not apply.
Course of conduct
You’ll need to show that the driver was following work-related instructions or company protocols at the time. This can be proved through GPS data, delivery logs, job schedules, or even dashcam footage if available.
Conclusion
Vicarious liability is a powerful strategy that could mean the difference between minimal coverage and full, fair compensation. If the person who caused your accident was working at the time, you might not just be dealing with them, you could be facing a business or corporation with a legal responsibility to pay for the harm their employee caused. But proving this requires knowledge, strategy, and often the help of a skilled attorney.
Don’t leave money on the table. If you’ve been in a car accident and suspect the other driver was working, contact a qualified lawyer as soon as possible.