Washington residents lead busy, productive lives, often requiring employees to travel for work-related tasks. In addition, Washington’s thriving shipping and freight industries require employed drivers to be on the roads in many types of commercial vehicles, leading to increased traffic congestion and accidents.
When an employee causes a car accident while on the job, it’s important for all involved in the accident to understand the employer’s role in a Washington car accident claim. Is the employer liable for damages like property damage, medical expenses, and lost wages if their employee causes a car accident? Make sure to speak with an experienced car accident lawyer in Arlington for legal guidance. Contact us today.
When Is an Employer Liable for Damages In a Washington Car Accident Claim?
Many variables come into play when an employee is involved in a car accident while carrying out their work duties. For instance, under Washington’s fault-based accident laws, if another driver caused the accident, they are liable for the damages to an injury victim, regardless of the injury victim’s work status at the time. If the employee caused the accident and was driving for work-related duties while on the clock, the employer could be held liable for their employee’s actions under several circumstances, including the following:
- If they were negligent in their hiring practices, for instance, hiring someone with a history of traffic violations or DUI
- If they failed to adequately maintain a company vehicle, and the maintenance failure caused the accident
- If they were negligent in their monitoring of an employee, such as failing to provide routine drug and alcohol screenings
- If their policies incentivized speeding, such as penalties for failing to meet an unrealistic delivery schedule
- Due to vicarious liability, for employers whose employees regularly drive for work, this rule often applies, leaving the employer liable for accidents caused by company drivers even without direct evidence of negligent actions on the part of the employer
While an employer can be held liable for damages caused by an employee’s accident while on the clock, it is important to note that this liability does not cover drivers who are commuting to work or home from work, and the accident occurs while they are not acting within the scope of their employment.
Is an Employer Liable for an Employee’s Damages If They Are Injured In a Car Accident?
When an employee is driving for a work-related task while on duty and is injured in a car accident, they may make a legal claim for their damages against the other driver’s insurance if the other driver caused the accident, or file a lawsuit against the at-fault driver. Their work status at the time of the accident does not impact their ability to file a claim. However, they cannot sue their employer for damages unless the employer’s actions were egregiously negligent or intentionally wrongful. In most cases, any work-related injury is covered by workers’ compensation insurance. This insurance protects employers against lawsuits. An employee injured in an on-the-job car accident can file a workers’ compensation claim as well as a claim against the other driver’s insurance. While workers’ compensation covers medical expenses and a portion of lost wages, it does not allow compensation for pain and suffering. A claim against an at-fault driver allows compensation for non-economic damages like pain and suffering. Speak with a personal injury lawyer in Arlington today for legal guidance and support.