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Business Liability for Accidents Caused by Negligent Employees

Business liability for accidents  by  careless employeesBusinesses and corporations in Massachusetts can be exposed to liability for any accident caused by a negligent employee. Simply put, the employer can be held liable for nearly any action of their employee, especially when operating any vehicle while at work. The most common types of negligent accidents involve some type of distracted driving.

Distracted driving in MA is a serious issue and one often overlooked by even the most skilled motorist. Statistics maintained by the NHTSA (National Highway Traffic Safety Administration) indicate that four out of every five collisions in the United States involve driver inattention. A high majority of drivers involved in a study conducted by the NSC (National Safety Council) indicate that they believe they are more skilled than average motorists when multitasking while behind the wheel.

The Cost to Employers in Mass.

Distracted driving  in Boston while using cell phones, texting, talking to passengers, eating, drinking or driving impaired and causing an accident can cost the employer plenty. The NHTSA estimates that accidents caused by employees driving company vehicles or personal automobiles while on the job cost their employers nearly $25,000 per accident on average, along with $128,000 for every injury and almost $4 million for each fatality.

This is because Massachusetts personal injury attorneys handling cases for injured victims and surviving family members of a loved one lost to an employee-related accident will file suit using liability arguments that could include:

Respondeat Superior – In Latin, the legal doctrine respondeat superior translates to “let the master answer.” In layman’s terms, the employer can be held legally liable for certain actions of their employee that occurred while working on the job.

Negligent Employee Hiring or Retention – The personal injury attorney might file a suit claiming the employer was negligent by hiring an inexperienced driver or retaining the employee without providing adequate training on how to safely operate a moving vehicle.

Negligence in Lending a Company Vehicle – If the  MA personal injury attorney working on behalf of the victim can prove that the employer was negligent when lending a company vehicle to the employee, the business can be found legally liable to pay recompense to the injured or surviving family members.

Lack of Vehicle Maintenance – Company records acquired by the  Boston personal injury attorney working on behalf of the victim might show a lack of vehicle maintenance that led to the MA accident. This includes an accident caused by faulty tires, malfunctioning brakes or defective equipment.

Negligent Supervision – The supervisor, manager or owner of the company can be found at fault for the accident caused by an employee due to negligent supervision. A lawyer working for the victim must prove that the employer failed to provide or follow reasonable safety policies to ensure that every company driver complied with the rules of the road and safety laws.

Vicarious Liability – The company can be held legally liable even if the employer, manager or supervisor was not directly negligent for the accident. The legal theory of vicarious liability asserts that harmful actions of any agent for the company is equal to the actions of the principal in charge of directing the agent. In simple terms, if the employer is telling the employee to do something that eventually causes an accident, the employer can be held liable to the victim.

Seeking Justice and Financial Compensation in Massachusetts

If you have suffered serious injuries or the life of a loved one is lost from an accident involving employer liability, you are likely entitled to seek justice and financial compensation. A skilled MA personal injury attorney can explain liability rules and how they directly apply to your specific case. Your lawyer can protect your legal rights to ensure you receive adequate recompense from every party at fault.

These types of cases are accepted on contingency. This means that all legal fees are provided to you without any upfront payment. The law firm representing your case is only paid from the proceeds of a jury trial award or through an accepted negotiated settlement.

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