The Driver Who Hit Me Was Working at the Time of the Accident—What Are My Rights?

If you got hit by a driver who was working at the time of the accident, you could have a claim against the driver’s employer. As a general rule, employers can be held liable for their employees’ negligence on the job under Florida law. But, to hold the driver’s employer liable, you will need an experienced Florida car accident attorney who knows how to fight for just compensation in this scenario.

Many drivers on Florida’s roads are on the clock. From truck drivers to pizza delivery drivers, and from utility workers to salespeople, lots of people drive on the job.

If you got hit by a driver who was working at the time of the accident, this has important implications for your legal rights. In this scenario, you may have a claim against the driver’s employer. Most companies that employ drivers carry commercial liability insurance—and, as a result, seeking just compensation typically involves filing a commercial liability insurance claim.

Employers Are Responsible for Their Drivers’ Negligence on the Job

Under Florida law, the general rule is that employers are responsible for their employees’ negligence on the job. In the context of a car accident, negligence can take many different forms. For example, car accident victims may be able to file claims against drivers’ employers based on:

• Texting or talking on the phone behind the wheel
• Being distracted by GPS directions
• Being under the influence of alcohol or drugs
• Ignoring traffic signs or signals
• Speeding or weaving through traffic
• Following too closely (or tailgating)
• Other violations of Florida’s traffic laws

These issues—among others—can entitle car accident victims to just compensation for significant and permanent injuries sustained in car accidents involving drivers who were on the clock. Importantly, even if a police report or ticket indicates that the driver who hit you violated the law, you will still need to hire an experienced Florida car accident attorney to conduct an investigation and prove your legal rights.

Employers Are Also Responsible for the Safety of Their Fleet Vehicles

Along with facing “vicarious” liability for their drivers’ negligence, employers can also face direct liability for their own negligence in some cases. For example, employers can often face liability for car accidents that result from failing to adequately maintain their fleet vehicles. This includes common maintenance failures such as:

• Failing to replace worn tires
• Failing to replace worn brake rotors or pads
• Failing to replace burnt-out headlights or taillights
• Ignoring manufacturers’ recommended maintenance schedules
• Ignoring known safety risks with their vehicles
• Replacing parts with used or substandard parts
• Performing negligent maintenance or repairs

These issues can also serve as grounds for car accident victims to file liability claims in Florida. Once you hire a Florida car accident attorney to represent you, your attorney will be able to investigate all possible causes of the accident and identify all viable grounds to seek just compensation on your behalf.

Damages Available to Car Accident Victims with Significant or Permanent Injuries

In Florida, car accident victims who have suffered significant or permanent injuries are entitled to just compensation for their financial and non-financial losses. As noted above, in cases involving working drivers, seeking just compensation usually requires filing a commercial liability insurance claim. If you have a commercial liability insurance claim, you are entitled to (and should) seek just compensation for your present and future:

• Medical Expenses – This includes the costs of emergency treatment, diagnosis, inpatient and outpatient care, physical therapy, and other necessary medical services and supplies.
• Other Out–of-Pocket Costs – This includes necessary home and vehicle modifications, hiring landscapers and house cleaners, and hiring other service providers.
• Lost Earnings – This includes your loss of income and benefits while undergoing treatment or recovering, as well as your lost future earning capacity.
• Physical Pain and Suffering – This includes compensation for the consequences of living with the physical effects of your injuries on a day-to-day basis.
• Other Non-Economic Losses – This includes your emotional trauma, post-traumatic stress, loss of consortium and companionship, and loss of enjoyment of life.

In serious car accident cases, accident victims’ losses can be substantial. If you are facing substantial losses, it will be critical to make sure you do not settle for less than you deserve. An experienced Florida car accident attorney will be able to accurately calculate the damages you are entitled to recover and then work to negotiate a fair settlement on your behalf.

FAQs: Filing a Claim After a Car Accident Involving a Driver Who Was Working

Can companies be held liable for their drivers’ negligence behind the wheel in Florida?

Yes, as a general rule, companies can be held liable for their drivers’ negligence behind the wheel in Florida. Companies can also be held liable for accidents that result from inadequate maintenance and other issues related to their fleet vehicles.

How do I prove that the driver who hit me was at fault?

Proving that the driver who hit you was at fault will require a thorough investigation. It will also be important to determine if you have other grounds to file a claim against the driver’s employer. As a result, you should hire an experienced Florida car accident lawyer as soon as possible.

Is filing a claim for an accident involving a commercial driver different from filing a claim in other circumstances?

Yes, filing a claim for an accident involving a commercial driver is different from filing a claim in other circumstances. Typically, seeking just compensation in this scenario involves dealing with the driver’s employer (or its commercial liability insurer), which presents unique challenges.

Contact Us for a Free Consultation with an Experienced Florida Car Accident Attorney

Were you injured in a car accident involving a driver who was working at the time of the collision? If so, we can help, but it is important that you contact us promptly. Call 800-780-8607 or contact us online for a free consultation with an experienced Florida car accident attorney at Searcy Denney.