car accident occurs while a person is operating a vehicle in order to perform his or
her work duties or fulfill a request for his or her employer, there may
be employer liability. There are two main ways that an employer can be
held liable for a
distracted driving accident caused by an employee: vicarious liability and employer negligence.
In cases involving vicarious liability, an employer can be held responsible
for an injury caused by an employee whose actions fall within the scope
of his or her employment. If, for instance, a worker at a pizza place
harms someone while making a delivery, those actions are within the scope
of employment and the employer can be held vicariously responsible.
Negligent Hiring, Supervision & Retention
Employers are responsible for training newly-hired employees in every foreseeable
job responsibility. Failure to do so is a breach of duty. Employers should
also have reasonable safety policies in place and should ensure all of
their drivers comply with safety laws. In order to succeed in negligent
hiring and supervision cases, there must be a causal link between the
employee’s conduct and a victim’s injury.
This type of negligence occurs when an employer gives an employee—knowing
or should’ve known full well that the employee poses a risk to other
when driving vehicles—permission to use a vehicle. So, if an employer
knew that it was likely an employee would engage in distracted driving,
he or she can be held liable for a crash caused by the employee’s
If you have been injured in a car accident in Georgia,
request a free consultation with our Woodstock personal injury attorneys at
Warlick & Craig, P.C. today.