Who’s Liable in a Company Carpool Accident?
Carpooling or ridesharing has become a very common thing to do over the past several years as it is very convenient for all parties involved. This concept has been adopted by people and put to use for plenty of different purposes ranging from general travel, taking your kids to school, or going to work with your employees. Carpooling is one of the most economical ways for company employees to get to work.
Recognizing this benefit, many companies have also started to offer carpooling incentive programs. This is possible through several apps which match employees who live in the same vicinity and give them an option to carpool with each other. This not only cuts down on their expenditure on fuel and car maintenance but also reduces the hassle of driving to work daily.
Carpooling offers many benefits for employers as well, as it facilitates a more stress-free life for their employees, thus increasing their overall work rate and efficiency. It also reduces the company’s overall carbon footprint, helping to create a good brand image as an environmentally conscious company.
As beneficial as it may be, any new opportunity also comes with its share of problems. Company carpools are something that can often create accident liabilities for employers. Let us look at this in further detail.
The Doctrine of Respondeat Superior
The common-law doctrine of Respondeat Superior states that the employer is liable for the actions of their employee when such actions take place within the scope of employment. A person and/or persons who may have been injured in a car accident can hold their employer responsible if a company employee is driving the car.
Even when the accident has been caused due to the negligence of the driver, if a plaintiff shows that at the time of the negligent conduct, the worker was an employee and was acting in the due course and scope of their employment, the employer is the one who will be held liable.
A Case Study to Showcase the Application of the Above Doctrine
An example of the application of this doctrine can be seen through a case involving a company called Amerimex Drilling. The company was contracted to drill wells in Texas and provide accommodation for the crew members that were located several miles away from the drilling site. The company offered an incentive of $50 per day to the crew’s driller to drive the crew from the bunkhouses to the site and back.
During one of those trips, an accident involving another vehicle occurred, killing two of the crew members while resulting in injuries to the driver and another crew member. Due to this, the families of the deceased and the injured worker sued the company, claiming that they were the ones liable for the damage caused.
In this case, the court cited evidence that transporting himself and the other workers to and from the place of work was a part of the duties given to him by his employer and he was thus operating within the scope of his employment, the company could be held liable.
The Coming and Going Rule
According to the law, this rule acts as an exception to the doctrine of respondeat superior. This rule states that an employer will not be considered responsible for the actions of an employee while the employee is not on company time, for instance, while coming to work or going home from work, hence the name. However, this rule may not apply if they are driving a company car, traveling between different job sites, or are on a special mission designated to them by their employer.
Things to Consider for Employers
All the liabilities resulting from offering carpool incentive programs mean that employers probably should not designate driving other employees to and from work to one employee. These incentives should be divided equally amongst the drivers and riders, who should be rotated on a regular basis.
Employers can also consider not offering any carpool incentives like daily allowances or reimbursements to the drivers. They can also restrict their employees from using company vehicles while carpooling or ridesharing as commuting to and from the workplace is considered as employee’s personal time and can also implicate the employer for any accidents caused during this time.
Speak to an Experienced Personal Injury Attorney Today
At the Smith Law Firm, our seasoned personal injury attorneys can help you acquire proper medical care for your physical, psychological, and emotional injuries sustained from the accident. Our attorneys will ensure that you receive full and fair compensation for all your injuries and damages.
We work on a contingency fee basis, meaning that you do not need to pay our attorney fees if we are unable to recover compensation on your behalf for any reason. For an initial consultation with one of our attorneys, call today at (334) 702-1744 or contact us online to schedule an appointment.
