Can an Employer Be Liable for an Employee’s Car Accident?

When you are driving, you never really know who’s behind the wheel of the car next to you. It could be someone running errands, heading home from work, or actively on the clock for their employer. When an accident happens and you discover the other driver was working at the time, the situation becomes more complex.

Suddenly, you’re not just dealing with an individual driver, you may be dealing with their employer, corporate policies, and a web of legal questions about who is actually responsible for your damages. Reach out to our St. George lawyers if you’ve been involved in an auto accident.

Understanding Vicarious Liability and Respondeat Superior

Vicarious liability is a legal principle that holds one party responsible for the actions of another based on their relationship. In employment contexts, this means an employer can be held liable for harm caused by their employee, even if the employer did nothing wrong themselves.

Respondeat superior, a Latin phrase meaning “let the master answer,” is the doctrine that makes vicarious liability possible. Under respondeat superior, an employer is legally responsible for an employee’s negligent acts committed within the scope of their employment.

This doctrine does not apply to independent contractors, only to employees. The key factor isn’t whether the employer was negligent, but whether the employee was performing job-related duties when the accident occurred.

When Is an Employee Acting Within the Scope of Employment?

Determining whether an employee was acting within the scope of employment at the time of a collision is key to establishing employer liability. Courts examine whether the employee’s actions were connected to their job duties and whether the employer benefited or could have benefited from the activity.

Common situations where an employee is acting within the scope of employment include:

• Making deliveries or transporting goods for the company
• Driving to meet with clients, customers, or business contacts
• Running work-related errands, such as picking up office supplies or making bank deposits
• Traveling between job sites during work hours

However, not every accident involving an employee creates employer liability. Activities that typically fall outside the scope of employment include:

• Personal errands during lunch breaks
• Commuting to and from work in a personal vehicle
• Using a company vehicle without authorization after hours
• Significant detours for personal reasons during work trips

Other Factors: Negligent Hiring, Training, and Maintenance

Beyond respondeat superior, employers may face direct liability through their own negligent actions. If an employer failed to conduct proper background checks and hired someone with a dangerous driving history, they could be liable for negligent hiring.

Similarly, inadequate driver training or failure to enforce safety policies may constitute negligent training. Employers who do not properly maintain company vehicles may also be directly responsible when mechanical failures contribute to accidents.

Speak with an Attorney About Your Employer Liability Case

If the at-fault driver was acting within the scope of their employment, Utah law may allow you to pursue a claim against their employer. However, employers and their insurers will vigorously defend against liability, arguing the employee was acting outside their job duties or on a personal errand. 

A St. George personal injury lawyer can investigate the circumstances of the accident, obtain employment records and company policies, and build a compelling case that establishes employer liability.

Reach out today for a free consultation to explore whether employer liability applies in your case and how an attorney can help you pursue the maximum compensation available.