Since a business owner profits from his employee’s work, the owner
too should face losses if and when a loss occurs, right? Yes indeed and
the owner should not be allowed to have his employee’s pay for losses.
This is basic social policy and it applies to negligence as well.
Experienced Poughkeepsie traffic accident attorneys know that business owners can be held liable for the harms caused to others
by the negligent acts of an employee. This is known in legal channels
as, “respondeat superior” – let the master answer.
Does this mean that employers can be civilly responsible for everything
an employee does during the work day? No, employers do not act as insurers
for all of the acts committed by employees. In terms of using the company
vehicle, the employee must have had the express or implied consent from
the employer to use the company vehicle. Additionally, the company vehicle
must have been used in the course and scope of employment.
In short, the employee must have permission to use the company vehicle
and only use the vehicle for work. The employer might not be held liable
for the employee’s negligent acts if either one of these two factors
is absent. This would be crushing to the plaintiff’s case because
the business owner most likely has more assets and more comprehensive
insurance policies, either or both of which could be tapped into so that
the injured car accident victim can receive compensation.
“Express consent,” “implied consent,” “within
the scope of employment,” and “frolic and detour from work”
are more terms of art as compared to science. The
experienced Poughkeepsie car accident attorney will know when these terms apply and how to use them in a plaintiff’s
case. And the defense counsel will surely know these terms as well.
In fact, defense counsel will most likely try to prove that the employee
did not have permission to use the company vehicle. In the event that
such proves fruitless, the employer’s attorney will attempt to show
that the employee was not performing a work function at the time of the accident.
This is why
car accident victims need experienced attorneys. Winning the case is essential for the plaintiff.
Keep in mind that insurance carried by most businesses include $100,000
per person coverage. $1 million in coverage is a requirement for the trucking industry.
Learn more about who to sue and important concepts to know regarding New
York car accidents in
our latest article posted here. Read about suing the owner of a motor vehicle after the driver causes
an accident in
our blog post available here. Learn about how to obtain monetary compensation from a car accident caused
by an unlicensed driver in ourblog post available here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.