Work-related car accidents can happen in a variety of ways and range in severity. Some may occur in the company parking lot, while others may involve other vehicles on the open road while making deliveries. It can be confusing to determine your legal rights in these scenarios, especially if you are driving a company vehicle or your own, or performing a work-related task.
Who Is Responsible for a Work-Affiliated Crash?
Determining who is responsible for a work-related car accident is much more complicated than a car accident involving drivers who are operating their vehicles in normal usage scenarios. In order to determine who is responsible in a work-related auto accident, it requires evaluating liability.
Examining the Accident Scene
The first step involves investigating the scene of the accident and documenting evidence. Photos and videos, traffic camera footage, and witness statements can all play a vital role in determining what happened and who is to blame.
The Role of the Employee
Next, it must be determined what the employee was doing at the time. Were they performing their job duties or were they off the clock? An investigation into the employee’s schedule and their daily tasks can help determine if the company would be liable for their employee’s actions. Employment terms should also be examined, as most companies that provide company vehicles have policies detailing vehicle use and employee responsibilities.
Vehicle Owner
Who owns the vehicle involved in the crash? If it was owned by the company, the responsibility will typically fall on them.
Adhering to Compliance
When a company has a fleet of vehicles on the road, it is responsible for ensuring its employees obey traffic laws and follow safety regulations. The company may be liable for the actions of its employees behind the wheel.
Understanding California Law in Regards to Work-Related Car Accidents
Further complicating matters, California law relating to these matters is governed by employment law and traffic regulations. An employer may be held liable for an accident that occurs when an employee is operating a vehicle for work-related activities, though certain conditions apply.
For example, if the employer could have foreseen this risk and prevented the crash by properly maintaining the vehicle or providing driver training, they would likely face liability. The scope of employment is also used to assess an employer’s liability. This law considers whether the employee was performing their job duties at the time of the crash. If an employee got into an accident while they were performing their job requirements, the employer may be liable as they employed the worker to act on behalf of the company.
How Do You Protect Your Legal Rights After Being Involved in a California Work-Related Car Crash?
If you were driving a company vehicle or using your vehicle for work purposes on behalf of your employer, it is important that you not only know your rights but also protect them. California’s workers’ compensation laws protect you when you are hurt while performing the duties of your job, regardless of whether you had any fault in the matter. This allows you to get the medical attention you need and compensation for lost income. Here are the steps you will need to take to resolve this legal matter:
Report Your Accident
If you were injured on-site, you need to report your injury and accident to your employer within 30 days to be covered by workers’ comp. The same is true if you were driving a company vehicle or your own while doing the duties of your job role. However, if you are on the road, you must also call the police to report it.
Get Immediate Medical Care
While workers’ comp requires you to see doctors on your employer’s list, when you’ve sustained serious injuries in a work-related car accident, you should go to the nearest emergency room. The most important thing is protecting your health, and when you are treated, you will have medical records that document your injuries.
File Your Claim
You should report your accident and injury immediately which allows your employer to file the appropriate forms with workers’ compensation. The insurance provider will evaluate this claim and issue an approval or denial.
What happens if your claim is denied, or your employer never files the paperwork? When you run into issues like these, it is best to speak to a Los Angeles personal injury lawyer who can stand up for your legal rights and seek appropriate compensation.
Understanding Your Rights After a Work-Related Auto Accident in California