New York City’s streets are jammed with drivers who are on the clock, whether that means a delivery driver or a company’s employee that has to drive to different locations as part of their job. If someone causes a car accident that results in injuries while they are working, you may be wondering whether their employer could be held responsible.
In the state of New York, the answer is yes. If an employee was performing duties related to their employment at the time of the accident, an employer can be held liable for an employee’s negligent driving.
In this article, we’ll cover the ways that employers may be found responsible for an employee’s negligent driving under a legal framework called Vicarious Liability and when to reach out to a New York car accident attorney.
If you have been in this type of accident and want to better understand your rights, call 1-800-NOW-HURT to schedule a free consultation with the Buttafuoco & Associates legal team.
When is the Vehicle Owner Liable for Negligence?
Under New York traffic law, the registered owner of a vehicle is strictly liable for negligence in the operation of that vehicle if they had permission to be driving the vehicle, meaning it was not stolen or taken without permission.
In the case of an employee driving a company-owned vehicle, the company would be held liable for an employee’s negligent driving under Vehicle Owner liability.
Respondeat superior (Latin for “let the master answer”) is a legal doctrine that holds that an employer is responsible for an employee’s wrongful acts, so long as they were done while the employee was performing job duties.
In the case of a car accident in New York, the employee must be on the clock and performing job duties for the employer to be considered responsible. Common activities include making deliveries or traveling between client meetings. Regular commuting—getting to and from work, does not qualify under this legal doctrine, however.
If you are in an accident with a driver on the clock, New York no-fault laws still apply if your injuries do not qualify as serious. In other words, your Personal Injury Protection (PIP) policy will pay for medical bills and injury-related expenses. If your injuries qualify as serious under New York law, you can legally file a lawsuit against the employee’s company.
How Else Could an Employer be Found Negligent?
In addition to the legal frameworks described above, there are several additional ways that an employer may exhibit negligence and be found liable for a car accident caused by one of their employees:
- Negligent Supervision: It’s an employer’s duty to sufficiently train their employees
- Negligent Maintenance: A company has a duty to ensure their vehicles are safe for the road; failure to do so may lead to accidents and serious injuries.
- Negligent Hiring: This may occur when an employer fails their due diligence in the hiring process, such as running a background check to ensure the employee is a licensed driver without a history of DUIs.
- Negligent Entrustment: If an employer knew—or should have known—that an employee should not have been trusted with vehicle, due to recklessness or incompetence, that employer may be found negligent.
Proving these types of negligence on the part of an employer can sometimes be complicated, but a New York car accident attorney can tell you whether you have a strong case and if so, help you navigate the legal process.
When to Consult a New York Car Accident Attorney
In a situation when liability for a car accident extends beyond a driver to additional parties, legal complexities can arise. This is why it’s especially important to reach out to a qualified car accident lawyer serving New York as soon as possible. An experienced legal team can determine who may be liable beyond the driver and build a potent case.
In the state of New York, you only have three years from the date of the accident to file a personal injury lawsuit. Don’t hesitate.
Call 1-800-NOW-HURT for a free consultation with Buttafuoco & Associates to discuss your legal options.