Is an Employer Liable for an Accident Caused by an Employee?

An employer can be liable for an accident caused by an employee. So long as the employee causes the collision while they are on the job, their employer may be financially responsible for a victim’s accident-related damages.

The details of your accident are critically important. A Louisiana auto accident lawyer from our firm will investigate your collision and determine if an employer is liable for your damages.

Employers Often Have Liability for Their Employee’s Actions

In the eyes of the law, an employee is often an extension of their employer. Therefore, an employer may be financially liable when their employee causes an auto accident. 

However, an employer generally only has liability for an employee’s accident if:

• The employee is truly an employee (rather than an independent contractor)
• The employee was working at the time of the accident (or even traveling to or from work-related activity) 

Louisiana Civil Code Article 2320 states that “employers are answerable for the damage” their employees cause “in the exercise of the functions in which they are employed.” Therefore, you are empowered by Louisiana law to pursue compensation from an employer whose employee caused your accident. 

When an Employer Is Liable for an Employee’s Accident

An employer may be liable for an employee’s accident when:

• The employee is running an errand at their employer’s request
• The employee is driving to or from a work-related appointment
• The employee is operating a vehicle on or near a work site
• The employee is a delivery driver
• The employer causes an accident in any other circumstance directly related to their job

There can be some gray areas when it comes to an employer’s liability for an employee’s accident. For example, it may be difficult to tell if an employer is liable for an accident when their employer is traveling to or from work. 

Your Louisiana personal injury lawyer from our firm will determine liability for your accident, whether or not liable parties include an employer.

When an Employer May Not Be Liable for an Employee’s Accident

Never assume that an employer is not liable for your accident. Instead, contact our firm and explain the details of your accident. We will explain whether you have grounds to sue an employer for their employee’s negligence.

That said, an employer is not generally liable when:

• Their employee causes an accident on their off-day
• The employee causes a collision several hours before or after their shift
• The individual who causes a work-related accident isn’t an employee, but instead an independent contract
• The accident has no clear ties to the driver’s employment

Even if an employer is not liable for your accident, the driver may be. You should receive fair compensation for accident-related damages, regardless of who provides that compensation. 

What To Do After an Auto Accident With Someone’s Employee

Consider hiring a personal injury lawyer after any auto accident. You may choose to let an attorney lead your case for compensation because:

• Our firm covers the cost of your case: Car accident victims are often under great financial stress, and the cost of an insurance claim or lawsuit can add to that stress. Our firm builds as strong a case as we possibly can, taking the financial cost off your hands. We may reconstruct your accident, hire experts, and take other measures to strengthen your case—at no added cost to you.
• Determining liability for a work-related accident can be difficult: Figuring out whether an employer is liable for your accident may be difficult. We may need to review employment records, investigate the accident, and prove that an employer is financially responsible for your damages. We are prepared to do so.
• You may not be confident or able to lead your case: Many of our clients lack the health, energy, experience, or legal knowledge to lead their case confidently. We take over their fight for compensation so that they may focus on their recovery, and we can do the same for you.

Our attorneys have more than 350 years of combined legal experience. We have successfully led many cases against employers whose employees cause auto accidents. 

Recoverable Damages in a Car Accident Case

Car accident victims often face significant economic and non-economic harm and deserve fair compensation for both. Whether you were hit by a negligent truck driver, car driver, or other type of motorist, you may deserve compensation for:

Medical Bills

We will seek money covering all of your accident-related medical bills, including the cost of:

• Emergency transportation
• Emergency medical care
• Hospitalization
• Surgery
• Specialists visits
• Medical imaging
• Medications
• Rehabilitation 
• Medical equipment

Whether we are seeking compensation from an employer, employee, insurer, or other party, we want to ensure you don’t pay for any accident-related medical care.

Lost Income

If you miss work because of your auto accident, we will demand that the liable parties cover:

• Lost wages or salary
• Diminished earning power, which may result from a reduced or changed role when you return to work
• Lost bonuses
• Lost opportunity for promotions

We will calculate the current and future cost of your professional damages.

Pain and Suffering

Louisiana allows accident victims to seek fair compensation for their pain and suffering, which may include:

• Acute and chronic pain from your injuries
• Emotional anguish
• Psychological distress
• Post-traumatic stress disorder (PTSD)
• Anxiety
• Depression
• Lost quality of life

We will also demand that liable parties pay for any medications, counseling, or other treatment you need after the accident.

Property Costs

Liable parties should cover vehicle repairs, replacement of damaged property, replacement of a totaled vehicle, temporary transportation, and any other property costs you now face.

The team at Laborde Earles Injury Lawyers will make your total financial recovery our mission.

Call Laborde Earles Injury Lawyers for a Free Consultation About Your Auto Accident

Do not wait any longer to speak with our team. We may face a filing deadline that comes closer to expiring with each passing day. A Louisiana auto accident lawyer from our firm is ready to start your case today, we’re just waiting for your call.

Call Laborde Earles Injury Lawyers today for your free consultation. There is no obligation to hire our firm when you call, so there is no risk in speaking with our team members. We are ready to help you now.