If the driver who injured you in a California car accident was making a delivery, heading to a service call, or running an assigned errand, their employer may also be responsible. The purpose of the trip and its connection to the driver’s job can make a difference, even if the employee was driving a personal car.
When can a California employer be liable?
California law can hold an employer responsible for an employee’s negligence when the employee was acting within the scope of employment. Courts look at whether the conduct was reasonably related to the employee’s assigned tasks or reasonably foreseeable in light of the employer’s business or the employee’s job responsibilities. The driver’s negligence still has to be established.
Consider a technician driving from one customer’s home to another. The company’s dispatch records, appointment schedule, and messages with the technician may help show that the trip was part of the job. A company logo or a uniform can give you a lead. The records can help establish why the driver was on the road when the crash occurred.
What if the driver was commuting or making a personal stop?
An ordinary commute generally falls outside the scope of employment. Exceptions can apply when the employer requires the employee to have a vehicle available for work or when use of the vehicle benefits the employer under the circumstances. A substantial personal detour can also affect whether the employee was acting within the scope of employment at the time of the crash.
What evidence can show the driver was working?
Save the crash report number, witness contact information, photographs, and any dashcam footage. Note the company name, vehicle markings, and anything the driver said about where they were headed. Dispatch logs, work orders, delivery records, schedules, and GPS data may help reconstruct the trip. An attorney can evaluate which records to seek and whether to send a preservation request.
Get Help Now
The Law Office of Norman Gregory Fernandez represents injured people throughout California. Our firm brings nearly three decades of experience to personal injury cases and gives clients direct attorney attention. If you were injured in a crash and believe the other driver was on the job, call 800-816-1529 for a free consultation.
About Attorney Norman Gregory Fernandez
