Carpooling is an economical way for employees to commute to work on a daily basis. Several workplaces offer carpooling services for employees because it’s affordable and proves to be a major factor that contributes to employee satisfaction. However, auto accidents happen and sometimes, carpooling accidents can cause serious injuries. In a worst-case scenario – there could be fatalities.
The question is: Who will be held responsible when a company carpool accident occurs?
If the company offers carpooling incentive to employees, the employer could be held liable for the car crash – if it was caused by negligent actions of the driver. However, if employees were using a car sharing ride and carpooling through a third-party ride sharing service, then the employer will not be directly responsible for the accident. In this case, the driver of the ride sharing service – if found negligent, will be held responsible. If the ride sharing service is held responsible for the crash, the company will be responsible to compensate those injured. In either scenario, you will need a competent business law attorney to help you manage post-accident trauma and legal complications.
To get the required compensation, the employer – or the employees insurance company, will demand a reimbursement from the defendant’s insurance provider.
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Under the Doctrine of Respondeat Superior, the employer can be held liable for any negligent acts, errors and omissions (also known as failure to act) by its employees who were working under the ‘scope of employment.’ There are two primary reasons why an employer is held responsible if employees are harmed in a carpooling accident – with a service provided by the company. The first reason is employees are more likely to act according to the directions of the employer. The second is because the goal of the legal system, particularly in Illinois, is to compensate the injured party by making the injured party whole again, or at least as close to being whole as possible.
The phrase respondeat superior is a Latin phrase, which is literally translates to ‘let the master answer.’ This phrase indicates the delicate relationship between an employer and its employees when they are injured on company premises or while doing the employer’s assigned work. Carpooling comes under the tasks assigned by the employer and if an accident occurs, the employer could be held responsible if the driver was found negligent.
Car accidents are complex. If you wish to know more about who will be held responsible when a company carpool accident happens, schedule a consultation session with us. Contact the offices of Mary Ann Covone at (708) 246-4911 to get in contact with an experienced auto accident lawyer.