If you travel for work, a car accident can be a scary and confusing time. Whether you were driving while on the clock or you travel regularly, here are five things you should know about getting into an accident while on the clock as told by a car accident lawyer.
Liability Is Important
Like any other type of car accident, liability is important. It’s especially important since you were driving as a condition of your job responsibilities. Liability is another way of saying “fault.”
Liability involves:
- A legal duty, such as driving within the speed limit.
- The legal duty was breached. Using our example, a person was speeding on a particular road.
- An actual “injury” occurred. This can be a physical injury to you or another driver or passenger or it can be property damage. It can also be both physical injury and property damage.
- The “but-for” test is fulfilled. But for driver A going 15 miles over the speed limit, thy could have stopped and avoided hitting driver B. But for that collision, driver B wouldn’t have physical injuries or property damage.
Who Might Be Liable?
An accident of this nature can get confusing when it comes to actual liability as our friends at Herschensohn Law Firm, PLLC can attest. This is general information. To know who may be liable in your specific case, talk with an experienced attorney in your area for guidance.
Some of the liable parties include and may not be limited to:
- The driver who was on the clock
- Another driver
- The employer
- A product manufacturer if a defective product caused or contributed to the accident
- A company contracted to perform maintenance, in certain circumstances.
Does Your Employer Foot The Bill If An Accident Occurs While You’re Working?
The short answer is maybe. It depends on several factors such as:
- The driver was on the clock at the time of the accident
- The driver was on the road for a work-related obligation
- The driver may have been asked to drive someone
- The person driving did so as a normal course of their responsibilities
While knowledge of those factors may make it “easier” for you to know if you may have a claim, you should also understand that the more people involved, the more complicated your claim may become. You may find it beneficial to talk with an attorney who has experience with these sorts of car accidents.
Should You File A Worker’s Comp Claim Or Personal Injury Claim?
It depends on your state and the factors above. You may have a worker’s compensation claim or it may be a “standard” personal injury claim. Regardless, you should complete the claims process if you have a valid claim so that you can be properly compensated.
What If Your Boss Asks You To Not File A Claim
Even if you think your boss is the nicest and most understanding human on the planet, it is important to go ahead and file the claim even if you’re asked not to do so. Doing so is the only way you will know with certainty that you may get what you deserve for your on-the-job car accident.
If you are involved in an accident, contact a lawyer near you for help.