Whether an employer is liable for an employee’s car accident depends on the situation. For instance, if the employee was acting within the scope of their employment, their employer could be liable for damages. However, if the employee was not on the clock or doing something other than their job at the time of the accident, their employer may not be liable.
If you were involved in a collision with someone who was on the job, our team can determine liability for you. You do not have to worry about this while you are recovering from your injuries.
How an Employer Could Be Liable for an Accident
You may be aware of the legal doctrine “respondeat superior.” As affirmed by the Legal Information Institute (LII), this is when an employer can be held vicariously responsible for the actions of their employee. An employer could be liable for your car accident if:
- Their employee was acting negligently.
- Their employee was “on the clock” when the accident happened.
- Their employee was driving a car owned by their employer.
- Their employee was acting within the scope of their job.
These types of cases can get complicated, as they involve proving multiple things. You will need to prove that the other driver was working at the time of the accident, and they caused the accident.
For a free legal consultation, call (855) 605-2959
What Happens if You Were Hit By Someone Who Was on the Job at the Time?
Their employer will likely not want to pay for your damages. After filing your claim, their insurer might argue that you caused the crash and that they are not financially responsible. The employer’s insurance company might say that the other driver’s personal car insurance policy applies to your case––and not theirs.
We have handled cases like this before. We know what lengths negligent parties and their insurers will go to evade responsibility. When you entrust your case to us, you can expect us to do the following:
We Work on a Contingency-Fee-Basis
Our law firm does not require any money to get started on your case. You only pay us at the conclusion of your case––and only if we can recover compensation for you. Our clients do not have to pay our attorney’s fees if we do not win their cases.
You could hire our team at no out-of-pocket cost to you. With this arrangement, there is no need for you to forsake legal counsel.
How We Prove Fault
NRS §41.141 requires us to prove that you did not primarily cause the crash. Even if you contributed to the collision, you can still pursue damages as long as your portion of fault is not more than 50%. We can prove fault in your case by:
- Consulting accident reconstruction specialists
- Interviewing eyewitnesses
- Evaluating any traffic camera footage and black box data
- Getting the police report
We can also use your account of events to prove what happened.
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How We Calculate Your Losses
We will use your receipts, invoices, and billing statements to determine the value of your accident-related losses. You could recoup compensation for the following damages:
- Past and present medical bills
- Past lost wages
- Future loss of earning capacity
- Past and future pain and suffering
- Past and future mental anguish
- Property damage costs
- Funeral and burial expenses
- Loss of consortium
Filing Your Insurance Claim
Once we determine who should pay for your losses, we will file a claim with the insurance company. The Nevada Division of Insurance (DOI) says that all motorists are required to carry liability insurance. If you were struck by a commercial vehicle, like a truck, their required insurance coverage may be higher than an everyday driver.
We will review the liable policy, write your demand letter, and negotiate a fair settlement.
Protecting You Against Bad Faith Insurance Practices
With our team on your side, we will stand by the other party’s attempts to:
- Devalue your claim
- Pressure you into an unfair arrangement
- Contest your injuries
- Delay your case’s progression
- Minimize the impact of the crash on your life
We will advise you on what settlement offers could benefit your situation.
We Can Help You File a Lawsuit
NRS §11.190(4)(e) says that you generally have two years to file a personal injury or wrongful death lawsuit. Most car accident cases are settled before a trial begins. However, if your lawsuit comes to fruition, then we will:
- Handle its paperwork
- Represent your case in court
- Communicate with the defendant’s legal team
- Exchange evidence during the discovery phase
- Establish the cause of your accident
- Advocate for your right to fair compensation
We will render other services that meet your case’s needs.
Call the Attorneys at Bernstein & Poisson to Talk about Your Legal Options
Our team has six decades of combined legal experience. If you still have questions about whether an employer is liable for an employee’s car accident, feel free to call us at (702) 633-3333.