Trucking Accidents

Who is liable for a company vehicle accident in New Orleans?

By December 9, 2020No Comments

Imagine you’re driving one night in heavy fog, and suddenly someone smashes into the back of your car. You get out and realize it’s a pizza delivery driver who got distracted while he was out trying to make deliveries. 

The delivery driver was in his car, but on company time. So, whose insurance company do you turn to for covering damages? 

If an employee is in an accident on company time, even if they are using their own vehicle, then the employer is liable for their employee’s negligence – whether it’s a truck driver, a city bus, a pizza delivery driver, or anyone who drives for employment. 

How do insurance companies determine “on the job” accidents? 

Often, it’s very clear-cut as to whether an employee was on the job when an accident occurred – such as an 18-wheeler driver who crashes his company’s truck on the highway, or the pizza delivery driver who rear-ended you. 

Other times, however, it’s not as simple: 

  • Was the employee running personal errands on a lunch break, but also stopped at a print shop to pick up something for work? 
  • Was the employee commuting to work, but stopped at a donut shop at the request of her boss? 

Scenarios like this make it harder to determine who is liable for the crash. That’s where your insurance companies and attorneys come in. 

What if it’s determined to be just the fault of the driver?

If it’s questionable whether the at-fault driver was “on the job” when the accident happened, then it’s possible your insurance company will only seek claims against the insurance company of the at-fault driver. 

But what if that pizza delivery driver doesn’t have enough insurance to cover all the damages? 

At that point, your insurance company and attorney may decide to go after the person’s employer to cover some of the damages. These damages could include any or all of the following:

  • Car repairs
  • Lost wages
  • Medical bills
  • Pain and suffering
  • And more 

Get in touch with Wright Gray today to determine what to do next after your accident

As you can see, accidents involving company vehicles or on-the-job drivers are complicated. Don’t let insurance companies talk you out of the compensation you deserve. Contact Wright & Gray today for a consultation.