If you’ve been injured in a car accident in Indiana, and the accident involves a company vehicle and its employee, you might be wondering about your legal options. In some cases, you can sue a company if their employee crashes into you, but the process can be complex and requires a thorough understanding of the legal principles involved.
The legal principle that can hold an employer responsible for the actions of their employees in a car accident is known as vicarious liability, or respondeat superior. This doctrine allows an injured party to pursue damages from the employer of the driver, even if the company was not directly involved in the accident. Vicarious liability applies when the employee was acting within the scope of their employment at the time of the accident.
Various forms of negligence can lead to a commercial vehicle accident. The driver might lack proper training to handle the vehicle, which is often more challenging to operate than a typical passenger car. Speeding, distracted driving, or driving under the influence of alcohol or drugs are other common causes of accidents involving company or commercial vehicles. To establish a strong case against a company, you need to prove that the employee’s negligence was a significant factor in the accident.
When seeking compensation for your damages and losses, dealing with insurance companies can be challenging. Insurance companies are primarily focused on minimizing payouts to protect their profit margins. As a result, they might not offer a fair settlement that adequately covers your medical expenses, property damage, lost wages, and pain and suffering.
Because of the complex relationships between employers, employees and independent contractors, there are a wide range of considerations when bringing a case against a company and its driver. Sometimes a claim may be against the driver, sometimes it will be against the company, and other times it will be both.
Navigating the complexities of a car accident case involving a company and its employee requires expertise in personal injury law. Consulting with an experienced attorney who specializes in motor vehicle accidents can significantly enhance your chances of a successful outcome. A skilled attorney can help you gather evidence, assess liability, negotiate with insurance companies, and, if necessary, file a lawsuit against the company and its employee.
If you have been injured in an accident by a commercial or company vehicle in Indiana, contact an experienced attorney at Hurst Limontes and we will be happy to review your case. We work on a contingency basis, meaning there is no cost to you unless we reach a settlement or jury verdict award on your behalf.
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