If you were injured in a car accident that was caused by someone else’s negligence, you may have grounds to file a personal injury lawsuit against them. This usually seems straightforward, but if the person who crashed into you was driving as part of their job, it’s possible that their employer is legally responsible.

Vicarious liability is a legal doctrine that makes one person responsible for the negligent or intentional acts of another in certain circumstances. It usually creates liability for an employer when a worker causes injury or damage within the scope of his or her employment. The scope of employment is defined as the duties that an employee is hired to perform. It can also include any other obligations that are reasonably related to those duties. For example, if an employee is hired to drive a delivery truck, the scope of their employment would include driving the truck from the warehouse to the customer's location. It might not include side trips or detours that are not related to the delivery. The basis for this doctrine is that the employer should be held accountable because they ultimately benefit from the work being performed by their employees.

Vicarious liability applies to any company employee, from a delivery driver to a plumber driving a company van. A company is usually not liable when an independent contractor was involved, because an independent contractor is its own business and not an employee of the company they're doing work for.

In a personal injury lawsuit, proving that the negligent driver was on the job at the time will not fall to you, but your personal injury attorney. For this reason, it’s important to work with a firm that has experience with cases involving vicarious liability. Your attorney will investigate the accident and determine whether the individual driver or the company the driver works for should be held liable for your injuries, then contact the insurance carrier for either party in order to pursue compensation.

Jason & Bradley, LLC in Stone Mountain handles all types of personal injury claims for clients throughout Atlanta. If you need help, contact us to set up a free consultation by calling 404-297-9933 or by filling out our online form.