When Can You Seek Compensation from the At-Fault Party’s Employer?
Under the right circumstances, in the aftermath of a motor vehicle accident in Texas, you may have a claim against the negligent driver’s employer. What must you show in order to pursue such compensation? Are there situations where you won’t have such a claim, even though the accident occurred during schedule working hours?
Auto Accidents a Major Cause of Injury and Death in the Workplace
Statistics consistently show that motor vehicle accidents are one of the most common causes of injury and death at work. The data collected by the Centers for Disease Control show that more than a third of all workplace injuries between 2011 and 2022 involved motor vehicle accidents.
Filing a Claim against the Negligent Driver’s Employer
In Texas, most personal injury claims are based on a legal theory of negligence, which generally allows you to seek compensation from anyone who failed to act reasonably, thereby causing an accident that led to your injuries. Under a longstanding legal principle known as respondeat superior, an employer will typically be liable for any injury or loss caused by an employee who was acting within the scope of his or her duties at the time of the accident.
An employer may, however, challenge potential liability by showing that the employee was engaged in non-work-related activity at the time of the crash:
- The employee may have left work to get lunch
- The employee may have left work on a job-related assignment, but deviated from the work assignment to conduct personal business, such as shopping or going to the post office
Let Us Help Protect Your Rights after a Texas Motor Vehicle Accident
At the Law Office of Michael R. De La Paz, we have more than 26 years of experience protecting the rights of personal injury victims in Harlingen, McAllen, Brownsville and Houston, across Texas and nationwide, including people who have been hurt in any type of car, truck or motorcycle accident in the Lone Star State. We have a comprehensive understanding of the things that need to be done to help you maximize your recovery. We will use our considerable experience, skill, knowledge and resources to help you get the outcome you want. Free call, text or chat, 24 hours a day, seven days a week–https://delapazlaw.com/.
Handling Car and Truck Accident Claims Nationwide, Including, But Not Limited to Texas, Florida, New Mexico, Illinois and Oklahoma