When a car accident is caused by someone who is working at the time of the collision, there are a few issues that may warrant further exploration. The first is workers’ compensation benefits for the driver who was working, as these benefits can usually be paid regardless of whether he or she was at-fault. The second, for other parties, is one of vicarious liability.
The legal doctrine of respondeat superior, Latin for, “Let the master answer,” allows employers to be held responsible for the actions of their employees when those workers are acting in the course and scope of employment. That means injured parties don’t have to prove the employer actually did anything wrong, so long is it established the employee was negligent. This can prove a valuable source of compensation for those injured.
One such case was recently ordered to be retried by the Indiana Court of Appeals. In Sony DADC U.S. Inc. v. Thompson, a security guard sued both Sony and one of its employees after the worker struck the plaintiff while on defendant property as employee was driving to recycle personal items on company property. Continue reading