Who’s Liable When a Company Driver Causes a Crash in Georgia?

A Georgia company may be liable when its driver causes a crash if the driver was acting within the scope of employment. These crashes can raise complex questions about the driver’s work duties, the vehicle’s ownership, employer policies, and whether the trip served the employer’s business.

If you have questions about who’s liable when a company driver causes a crash in Georgia, an experienced car accident attorney at R. Alan Cleveland, LLC, can review the accident and discuss your legal options. You may need to look beyond the at-fault driver to the driver’s employer, its insurer, or another party that shares financial responsibility for your car accident-related losses.

What Is the Respondeat Superior Doctrine?

Under Georgia law, employers face liability for car crashes caused by an employee’s careless or negligent driving. Respondeat superior is the legal doctrine that allows businesses to be held liable for the injuries and harm caused by their employees’ wrongful acts. Whether the doctrine applies depends on what the employee was doing at the time of the collision. It may apply in a Georgia car accident claim when a worker causes a crash while performing their job duties.

What Does the Term ‘Company Vehicle’ Mean?

A vehicle owned, leased, rented, or controlled by a business is generally considered a company vehicle. This broad category may include delivery trucks, work vans, rideshare vehicles used for business purposes, or personal vehicles used during assigned work. However, in car accident claims, the label itself matters less than the facts. The key question is whether the at-fault driver was using the vehicle to conduct the company’s business at the time of the accident.

What Are Common Accident Scenarios Involving Company Vehicles?

Company vehicle accidents can happen in many work-related situations. The involvement of a company vehicle in a collision creates a presumption that the employee driver was acting within the scope of employment at the time of the crash.

Examples of company vehicle accidents include:

• A delivery driver causing a crash while making scheduled stops
• An employee driving a company vehicle on a worksite who hits another vehicle
• A contractor causing a crash while traveling from one job site to another
• A sales employee hitting another vehicle while in transit to make a sales call
• A commercial truck driver causing a rear-end collision
• A worker using a company van to pick up supplies
• A driver causing a crash while transporting coworkers, customers, equipment, or products

What Are Some Events That Could Trigger Employer Liability?

Employer liability depends on whether the crash happened while the employee was working and whether the company’s own conduct contributed to the danger. Events that may support a claim against the driver’s employer include:

• The driver was texting or using a phone while driving
• The driver violated FMCSA Hours of Service limits, leading to fatigued driving
• The company hired a driver with a suspended license
• The company hired a driver with a known history of substance abuse, and the driver was impaired at the time of the accident
• The company hired a driver with a history of reckless driving
• The company failed to train the driver properly
• The truck was improperly loaded or overloaded

When Could the Company Not Be Liable for the Accident in Georgia?

A company may not be liable if the driver was acting outside the scope of employment at the time of the crash. For example, the employer’s insurance company may dispute responsibility if the worker was driving after work hours for personal reasons or violating company policy when the crash occurred. A third party’s responsibility for the accident could also absolve the company of liability. These facts don’t automatically end a claim, but they can make the employer’s liability harder to prove.

Could the Company Be Held Liable If the Employee Was Driving to or From Work?

Commutes are usually considered personal time, so an employer may not be liable for a crash that occurs during an employee’s drive to or from work. However, exceptions may apply if the employee was simultaneously running a work errand, transporting job materials, or traveling between worksites.

What Evidence Do You Need to Prove Liability for the Crash?

You need strong evidence to show that the driver was working for the company and that their employer shares liability. Some of the most important records to gather include:

• Employment records
• Driver logs
• Vehicle inspection records
• Witness statements
• FMCSA records

Other key accident-related evidence may include photos, crash reports, medical records, dispatch records, delivery schedules, and company policies regarding company vehicles. A Georgia car accident lawyer can request and preserve these materials to develop your personal injury claim to seek full and fair compensation.

What Steps Should You Take If You Are Hit by a Company Vehicle?

What you do in the aftermath of a collision with a driver in a company vehicle can affect your ability to pursue an insurance claim or car accident lawsuit. Here’s what to do to protect yourself:

• Call the police and request a crash report.
• Seek medical care as soon as possible to document your injuries.
• Take photos of the crash scene.
• Exchange license and insurance information with the other driver.
• Avoid speaking with the company’s insurance adjuster.
• Call an experienced Athens car accident lawyer at R. Alan Cleveland, LLC, to seek legal advice

What Damages Can You Recover When a Company Driver Causes a Crash?

The damages you may be entitled to seek after an accident depend on the specific facts of your case and the expenses and losses you’ve sustained. You can seek compensation for financial as well as personal losses, including your medical expenses, lost wages, physical pain and emotional distress, and diminished quality of life. If you have catastrophic injuries, you may demand compensation for your anticipated future expenses, such as future treatment and medical bills. Your attorney will calculate how much compensation would provide you with a fair settlement.

Is There a Time Limit for Filing an Accident Claim in Georgia?

In most Georgia car accident injury cases, you have to file a personal injury lawsuit within two years of the crash date. If you fail to do so, you may be unable to pursue compensation through the courts. However, be aware that some types of cases have different deadlines. It’s important to contact an experienced attorney right away to ensure you’re able to file on time and preserve your right to financial recovery.

Contact an Athens Car Accident Lawyer

If you or a family member sustained injuries in a car crash caused by someone driving a work vehicle, you may be entitled to seek compensation for your accident-related losses. Turn to the Athens accident attorneys at R. Alan Cleveland, LLC, for the trusted legal guidance you need. We recovered over $150 million for our clients. Our Athens, GA, legal team is proud of the high-quality service we provide to injured people in Athens and across Georgia. Contact our office 24/7 for a free consultation about your car accident case.