Company Vehicle Crashes in WA & OR: Who is Responsible?

If you have been involved in a crash with a driver who was working and/or driving a company vehicle at the time of the crash, you may have a personal injury claim against the driver and the driver’s employer. In many cases, an employer may be liable for the actions that their employee has taken in the scope of their job duties. If these work tasks involve driving, you could potentially hold the employer legally responsible for your car accident injuries caused by the employee driver.

An Employer Can be Liable for the Actions of its Employee

An employee driver is considered an agent of the employer. This makes the employer responsible (or “vicariously liable”) for the employee driver’s negligent actions when the driver is in the course and scope of employment.

The key requirement is that the driver was performing their job duties at the time of the accident. For example, if the driver was making a delivery for work or travelling to work sites, they would likely be considered to be on the job.

Legal Exceptions to Vicarious Liability

There are times when an employer may not be vicariously liable for an employee driver’s negligence. The following are examples of this situation:

• The employee was driving to or from work (the “coming and going” rule)
• The employee took a company vehicle without permission
• The employee substantially deviated from course and scope of employment (e.g. pursuing personal activities)

Other Legal Theories for Claim Against Employer

Even if the employer is not liable under vicarious liability, there may be other legal theories that could allow you to pursue a claim against the employer of the employee driver. If the employer knew or should have known that an employee driver was unsafe, they may be liable for the employee driver’s actions under a theory of negligent entrustment of the company vehicle. If an employer negligently hired, trained, and/or retained the employee driver, the employer may be liable.

Contact a Vancouver Car Accident Law Firm

The attorneys at Schauermann Thayer are experienced in helping injured clients seek compensation against employee drivers and employers. Schedule a free initial consultation with a car accident lawyer at Schauermann Thayer by visiting our website or by calling us today at (360) 695 4244. We work with injured people in both Oregon and Washington.