Work Vehicle Accident Lawyers Erie, PA

Elements of the Vicarious Liability Theory of Recovery

Work vehicle accidents usually present the added complication of determining who is actually financially responsible for injuries sustained in the accident—the driver or the employer. In order for an employer to be held responsible for the actions of someone working on his or her behalf pursuant to vicarious liability or respondent superior, theory, certain elements have to be established, including:

• Employment relationship. For vicarious liability to apply, the driver of the work vehicle had to have been an employee of the employer, as opposed to an independent contractor. It is important to remember that determining whether an employment relationship exists is a fact-sensitive inquiry, and a skilled lawyer may be able to build a strong case to refute independent contractor status depending upon the circumstances.
• Acting in the course of employment. Even after an employment relationship is established, we must then prove that the employee was acting within the scope of his or her employment duties. This means that the employee must have been driving in order to accomplish some type of act that was either authorized by the employer, or closely related to an employment duty. If the employee was running personal errands in the work vehicle and causes an accident, the employer will likely not be held responsible.
• Criminal actions excluded. If the employee committed some type of criminal act that caused the accident—for example, driving while under the influence of drugs or alcohol—the employer will not be responsible for those criminal actions.

In cases where the employer’s liability is established, the commercial insurance policy maintained by the company will kick in to cover any damages, and the employee will not be held personally responsible for the accident in most cases. While it is still possible to pursue a claim for damages against the negligent or reckless employee-driver, in most cases the employer’s insurance company will pay for the cost of an attorney’s representation in defending that responsible employee.

Our Experienced Pennsylvania Attorneys Have What it Takes to Succeed in Complex Work Vehicle Accident Cases

When the employee is the injured party in a work vehicle accident, workers’ compensation benefits will usually provide some compensation for medical expenses and lost wages after the accident. The employer’s commercial policy will pay for third-party claims in most cases. However, in some cases where the employee uses a vehicle for work extensively, the employer may actually require that the individual use a personal vehicle for work purposes. In these cases, the employee’s personal insurance coverage will apply unless the employee purchased a special kind of policy that will only provide coverage if the employee was using the vehicle for work at the time of the accident.

These complexities quickly add up after any work vehicle accident. Our lawyers have the knowledge necessary to help you navigate the legal system and explore all potential avenues to obtaining fair compensation and justice after a work vehicle accident.

Call to Schedule a Free Consultation for Advice in Pursuing a Work Vehicle Accident Claim in Western Pennsylvania Today

Call our offices, or fill out this online form, to schedule a free consultation with our experienced Erie, PA work vehicle accident lawyers today. For your convenience, we have three office locations located at 2525 W.26th St., Erie, PA 16506, 310 Chestnut St., Suite 111, Meadville, PA 16335 (in the Masonic Building) and 68 East Main Street, North East, PA 16428.

Frequently Asked Questions About Work Vehicle Accidents