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Distracted Driving Accidents & Employer Liability

If a 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.

Vicarious Liability

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.

Negligent Entrustment

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 safe driving.

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.

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