In certain situations, an individual may be involved in a car accident in which the person driving the car that is deemed to be at fault was acting as someone’s driver. In this situation, the driver at-fault may not be the ideal target for the lawsuit, but rather that individual’s employer. It is possible to go after both through vicarious liability.

Vicarious liability holds an individual liable for the actions of an inferior or employee if certain conditions are met. It is designed to remove the majority of liability from an individual who was merely acting on orders or following a company policy. This concept also applies to parents and children. In some cases, a child might not be old enough to be held liable for his or her actions and so the parents are deemed liable since it is their responsibility to control their children.

If the person that caused the accident is an employee and the employer is sued as being vicariously liable for the injuries or damages, it must first be determined that the employee was actually an employee. This is more of a question in cases of contractors than of ordinary employees. The next question is to determine whether the individual was acting within the scope of his or her employment at the time of the accident. For instance, if a driver of a delivery truck is involved in an accident while delivering goods to a grocery store, it is something of a no-brained to find the company liable. On the other hand, if the driver is not driving his delivery truck at the time of the accident but is only driving his own car home while wearing a delivery uniform, there is no reason to find the company liable.

Contact Hankey Marks & Crider

If you have been involved in a car accident in which the other car was owned by a corporation and driven by an employee, contact the Indianapolis car accident lawyers of Hankey Marks & Crider at (317) 634-8565.