If you were hit by a motorist driving a company vehicle, you may be eligible to sue the driver’s employer. You might be entitled to compensation through the employer’s insurer, who may be liable and try to fight any legal action you take.
Whenever a crash involves a company vehicle, matters become more complicated. The number of parties who may be liable for your accident-related damages increases—the driver, the driver’s insurer, the employer, the employer’s insurer, and possibly others may be involved in your case. Having an attorney represent you after the accident always makes sense, and your choice to hire a lawyer should quickly prove to be the right one.
Employers Are Often Financially Responsible for Their Employees’ Actions—and Crashes
Employers—including those who own company cars—are often vicariously liable for their employees’ actions. When someone is vicariously liable, it means they are responsible for the actions of those who represent them, including their employees.
This concept of vicarious liability means an employer may be responsible for their employee’s:
- Failure to service the vehicle regularly (and when warning lights and other reasons for service arise)
- Speeding
- Distracted driving
- Tailgating
- Dangerous passing
- Other actions that lead to an accident
Accidents can happen for other reasons, like hazardous roadways. Your attorney will investigate and determine if anyone besides the vehicle driver or their employer can be liable for your crash-related damages.
The Employer’s Negligence May Also Have Contributed to Your Crash—in Which Case They’re Clearly Liable for Your Damages
When an employee causes a collision in a company vehicle, there is always a chance that the employer is liable. When the employer is negligent in a way that contributes to a wreck, it may be even clearer that they’re liable for the victim’s damages.
Some ways that an employer might contribute to a collision are:
- Providing a company vehicle that is unsafe to drive
- Ignoring signs that a vehicle needs service
- Allowing an unqualified employee to drive a company vehicle
- Failing to reasonably monitor employees for potential drug or alcohol abuse
- Ordering an employee to drive in unsafe conditions
Lawyers investigate their clients’ accidents with an open mind. Your attorney will allow the evidence and facts to lead them to those liable for your accident-related damages.
The Employer, Insurers, and Others May Fight Your Case from the Get-Go
Whenever you’re in an accident, you hope liable parties will do the right thing and pay you fairly. As car accident lawyers know all too well, this isn’t typically the case.
More often, liable parties use various tactics to try and save themselves money—which means underpaying the accident victim. The at-fault driver and their employer might undermine your case by:
- Claiming that you caused the crash, even if they know for certain that you did not
- Hiding or disposing of evidence related to the crash
- Lying about or concealing records that suggest the driver or employer’s negligence—such as the driver’s accident history, employment record, or the vehicle’s service record
- Refusing to settle for a fair amount if you seek compensation directly from the at-fault parties
Insurance companies may be no more receptive to paying you fairly. An insurer can engage in bad faith by:
- Refusing to honor your claim, which may lead your attorney to appeal the denial
- Extending a lowball offer, as insurers know that accident victims can be under great financial pressure and eager for immediate compensation
- Misrepresenting policy details
- Intentionally delaying the claims process
- Refusing to pay the claimant fairly
Ideally, all liable parties will own their financial responsibility and settle for the amount of money you deserve. Just be prepared if they take a far different, more hostile approach to your case. You can prepare for that possibility and all other challenges by hiring an attorney right away.
Allow a Car Accident Lawyer to Fight Back for You
A lawyer can be an immense help to you, whether or not liable parties respond to you in bad faith. Even if an insurance company or other liable party enters your case with good intentions, it’s likely that:
- Your lawyer’s demands and the liable party’s valuation of your case will not align—meaning challenging negotiations (and a possible lawsuit) can lie ahead
- The demands of your case on your time and energy will be more than you’re prepared to handle
- A lawsuit can be a potential option for you, and you may not be confident or comfortable handling your own lawsuit
Then, there is the possibility that liable parties are determined not to pay the compensation you deserve—in which case your case will be even more complicated. Solve these potential challenges by hiring a lawyer, who will:
- Bring an entire team with them: A lawyer is a fair match for liable parties, in part because they don’t operate on their own. Your auto accident attorney may also have paralegals, a case manager, experts, investigators, and other team members assisting with your case.
- Be ready for any obstacles liable parties throw their way: Because they have relevant experience, an attorney will be prepared for the many challenges that may crop up during your case. Whether it’s difficult to track down evidence or an insurance company challenging your claim, no hurdle will be too high for your lawyer to clear.
- Be capable of executing the proper legal strategy for you: When you’re a claimant operating on your own, filing a lawsuit (and representing yourself) is likely not a realistic option. When a lawyer is representing you, options like a lawsuit and trial are immediately available.
- Be calm, collected, and ready to fight hard for all the compensation you deserve: Representing clients like you is a lawyer’s job. Because it’s the role they occupy day after day, they will have a sense of calm and confidence that you may not. The hope is that their composure will rub off on you, helping you feel at peace during a difficult time in your life.
If liable parties decide to fight you, expect your lawyer to fight back. If liable parties are cooperative, your lawyer will civilly pursue all the compensation you deserve. In either case, your legal team will not rest until they have resolved your case.
What to Expect from Your Lawyer, Their Experts, Paralegals, and the Rest of Their Team
Know that your lawyer will handle all the following responsibilities for you. That said, it’s beneficial for you to know how your case might unfold and just how much your legal team will be taking off your shoulders.
Expect your auto accident lawyer and their team to:
First, Protect You
A lawyer’s protection takes several forms, which can include:
- Referring you to medical professionals and a mental health expert, as you getting adequate care is a crucial step in your case
- Advising you about what to do as your attorney handles your case
- Being constantly available to answer your questions and give advice, which prevents you from making costly mistakes—so long as you lean on your lawyer as a resource
An accident involving a company vehicle can cause you to suffer post-traumatic stress disorder (PTSD), serious physical injury, confusion, and uncertainty. Securing protection should be near the top of your priority list, and a lawyer will provide that protection.
Determine Who Is Liable for the Accident
Those who are liable for your accident must pay for the accident. As discussed, the at-fault driver, their employer, or either of these parties’ insurance providers may be liable for your damages.
Your attorney may determine, for certain, who is liable for your collision by:
- Gathering facts about the person who caused the crash, their employer, and others who may have contributed to the wreck
- Reviewing all insurance policies related to the accident
- Evaluating all of the evidence detailing the collision
Multiple parties may be liable for your crash. Your attorney can identify those liable parties and devise a plan to secure fair compensation.
Manage the Insurance Companies for You
Your lawyer will be responsible for the insurance companies—incoming letters and calls, outgoing correspondence, any bad-faith tactics they employ, negotiations, and all other interactions.
Dealing with insurers can be one of the most daunting aspects of an accident victim’s post-collision reality. Your lawyer’s service will ensure no insurance representatives bother, pressure, or even deal directly with you.
Obtain All Evidence Supporting Your Case
If a lawyer plans to prove fault for an accident involving a company vehicle, they must gather all relevant evidence. This evidence can include:
- Footage of the accident
- Witness testimony
- An accident report
- Photographs of damaged vehicles (or other elements of an accident scene)
- Experts’ reconstructions of the crash
- Experts’ testimony about how the accident happened
While liable parties may try to discount your account of the accident, your lawyer may cite your own words in proving fault for the crash.
Document Each of Your Accident-Related Damages
Liable parties can make it difficult to secure fair compensation. Having a large amount of detailed documentation of your accident-related damages will be important.
Lawyers quickly gather all relevant documentation of harm, such as:
- Medical images showing injuries
- Photographs showing injuries
- Medical bills
- Mental health experts’ diagnoses of your pain and suffering
- Bills detailing post-accident mental health services
- Receipts for the repair or replacement of your damaged vehicle (and any other damaged property)
This is another step in your case in which your own words may be valuable. If you are up to it, your attorney may ask you to explain how being hit by the company vehicle has upended your life.
Negotiate a Settlement
Even if insurance companies are not negotiating in good faith, attempting to secure a fair settlement is typically worth the effort because:
- The majority of cases settle, either sooner or later
- Though there may be exceptions, settlements are usually the quickest way for accident victims to receive compensation
- There is little downside in your lawyer negotiating a settlement—and potentially much to gain
Your attorney may present a convincing case and persuade liable parties to pay you fairly. It is the liable parties’ responsibility to honor their financial obligation, though, and your lawyer will have a contingency plan if those liable parties don’t honor that obligation.
If You Decide to File a Lawsuit, Hiring a Lawyer Will Be a Wise Decision
A lawsuit may be the first course of action in an auto accident case. It can be a contingency plan in the event that liable parties do not meet your lawyer’s financial demands. In either case, your lawyer will:
- Broach the topic of a lawsuit if and when it becomes relevant to your case
- Draft and file any lawsuit you choose to file, and file it as soon as possible (there are typically deadlines for filing car accident lawsuits, which is one reason for the urgency)
- Handle and guide you through any pre-trial processes, such as depositions and motions hearings
- Fight for the compensation you deserve in court, if your case goes to trial
The civil justice system is complex. Your attorney will handle that complexity while making the process as easy as possible for you. Whatever course your case follows, expect your lawyer to contact you frequently, as excellent communication is one of the hallmarks of a capable attorney.
Your Law Firm Will Have a Non-Negotiable Goal: Get All the Compensation You Deserve
Being hit by a company vehicle can leave you bruised, seriously injured, psychologically shaken, and emotionally drained. Your lawyer will investigate and document the specific damages you deserve compensation for, which may include:
- Medical expenses
- Lost earnings
- Lost bonus opportunities
- Pain and suffering
- The cost of mental health services
- The damages associated with being disabled
- Vehicle repair costs
- The cost of replacing property that’s beyond repair
Lawyers document damages. They fight for fair compensation for their clients. They do what clients like you need, and they work relentlessly to finish the job as soon as possible.
Do not wait to find a lawyer to pursue compensation after your collision involving a company vehicle. Consultations are free, so call a firm near you now.