How to Prove Negligence in a Company Vehicle Crash
Getting into an accident in your own personal vehicle can be overwhelming, but nothing compares to the panic of being involved in a crash in a company vehicle. Whereas any accident can involve medical expenses, lost wages, and vehicle repairs, vicarious liability may apply in a company vehicle crash, making the process that much more complex.
In this blog, our Lancaster car accident attorneys discuss key pieces of evidence in proving liability and how a company vehicle crash differs from other collisions.
What is Needed to Prove Negligence?
Negligence, or a lack of reasonable care, is at the root of most car accidents. To recover damages, you must establish the following related to your collision:
- Duty: Drivers have a duty to follow the rules of the road.
- Breach of duty: Either through an act or omission, a driver fails to comply with traffic regulations.
- Causation: There must be a causal relationship between the other driver’s actions and your injuries.
- Damages: As a result of the accident, you sustained lost wages, medical expenses, pain and suffering, and other measurable losses.
Evidence to Prove Liability
Whether you or your employee got into an accident in a company vehicle, you will want to gather the following evidence to demonstrate liability:
Photos and/or Video Footage
After checking yourself for injuries, it is wise to take pictures of the accident. This may include vehicle debris, such as broken fenders, shredded tires, and shards of a vehicle’s headlight. If a bystander took a video, or if there is dashcam or video surveillance, this type of footage can typically be entered into evidence. A video shows the accident occurring in real-time, showing the events leading up to the crash.
Police Report
In Pennsylvania, if there are injuries, fatalities, or more than $1,000 in property damage, you are required to contact the authorities. The officer who arrives at the scene will take down the names of the drivers involved, the make/model/year of the vehicles involved, road and weather conditions, and who the police officer believes is responsible for the accident. The officer will file an official report, which you can request a copy of 15 days after the crash.
Eyewitness Testimony
If you see pedestrians around after your accident, take down their names and phone numbers. You may need to call on them later on to testify on your behalf. Unlike other forms of evidence, an eyewitness can describe exactly what they saw or heard in the moments leading up to the crash. They will also depict the general mood after the collision.
Vicarious Liability in a Company Vehicle Crash
If your employee was driving a company vehicle and caused a crash, you may be held liable for your employee’s actions. This is known in the law as vicarious liability. For an employer to be held responsible, your employee must be performing duties in the course of his or her employment when the crash occurred.
If the other driver caused the accident, but your employee sustained injuries, then your employee will be able to file a PIP claim through your commercial auto insurance policy. This will cover a certain percentage of your employee’s medical expenses and lost wages. If you were driving the vehicle and injured, then your commercial policy will still apply.
Injured in a Company Vehicle? Speak with Our Lancaster Car Accident Lawyers Today
Being injured in a company vehicle crash can be stressful, especially if your boss asks you to take care of an errand with very little time to spare. At HGSK Injury Lawyers, our Lancaster car accident attorneys understand the anxiety that both employers and employees face when dealing with damaged company property. We are here to assuage your worries and help you recover adequate compensation for your losses. To learn how we can be of assistance in filing your claim, contact us online or give us a call today.