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Who is Liable if I Wreck My Car While Working?


Liability in automobile accidents typically falls on the individual responsible for causing the accident. However, if anyone involved was fulfilling a task for an employer, liability may also fall to the employer.

If you were involved in a car wreck under any circumstances involving your employment, you may not be solely responsible, even if you caused the crash and were driving your own vehicle.

Conditions of Employer Liability

There are specific conditions that must be true for your employer to have liability for your accident. Even if you drove your own vehicle when the accident occurred, you may be entitled to compensation from your employer if any of the following are true:

  •         You were performing a work-related task
  •         The accident occurred during working hours
  •         Your employer asked you to perform the task you were carrying out
  •         The task or activity you were completing could be of benefit to your employer

In any of these cases, in which you would have acted on behalf of the employer, the company you work for may be partially or entirely liable. Under certain circumstances like a business trip, where all vehicle use is related to work activity, the parameters of employer liability could be broader and cover more than regular work hours.

In a situation where the employee is at fault and the corporation is liable, company insurance will usually pay for damages to any third party individual involved in the accident. Through workers’ compensation, you could be entitled to payment for medical bills for accident-related injuries and for lost wages that result from the accident.

However, if you were involved in criminal activity at the time of the collision, your employer will not be found to be liable for any injuries to you or anyone you have injured, regardless of whether or not you were on the clock or performing a work-related task.

In general, your commute to and from work is not considered work-related. This is also true for any personal errands you may accomplish during the regular workday.

Get the Right Representation at GMFM

The attorneys at Glenn, Mills, Fisher & Mahoney, P.A. have decades of experience in the courtroom. Our legal team will not only help you know whether or not your employer is liable in your particular situation, we will also help you get any compensation you deserve.

Contact us online or call our expert attorneys at (919) 683-2135 for a case evaluation in which one of our expert attorneys will perform a preliminary assessment of your case free of any obligations.