Getting into a car accident is something people try to avoid at all costs. However, accidents still occur. Should you have an accident, there are several factors which will be reviewed to determine who was at fault. One of these used in Texas is called contributory negligence.
This type of negligence is the percentage amount you contributed toward causing the accident. It is important to keep in mind, if you were injured and the percentage of contributory negligence assigned you was less than 50%, you could still have legal right to file a personal injury case against the other party.
Aside from this, things are a bit different when you are involved in a car accident in a company vehicle. The question of liability comes into play based on the extent of your contributory negligence. If you are found primarily at fault, the other party could have additional rights regarding personal injury claims.
Other questions that must be answered include:
- Was the vehicle insured?
Most of the time company vehicles will be insured by the employer. In some cases, the employees’ personal vehicle insurance will cover them driving other vehicles.
- Were you on the clock and performing work for your employer at the time of the accident?
If you were performing normal work functions at the time of the accident, then, in most cases, the employer could be held liable for any injuries and damages caused.
- Was the vehicle properly maintained by your employer?
If the vehicle was not maintained, and this was the cause of the accident, then not only could the other injured party but you, too, could hold your employer responsible for any personal injuries.
- Is there a company car contract in effect?
Company car contracts can contain certain terminology that shifts liability from the employer to the employee. Whether you were using the vehicle for company business or personal reasons and get into an accident, then you could be liable.
- Were you off the clock and just using the company vehicle for your own personal errands?
If you were running personal errands or your employer allows you to keep the company car 24/7, then there are a few different things to evaluate. In most cases, the driver of the vehicle would be liable for any injuries and damages. However, if it can be established the company provided the vehicle to an employee it should not have, then the employer may also be liable.
As you can see, the question of liability is an important aspect that arises in car accidents involving company vehicles. If you were injured while driving a company vehicle or injured by the driver of a company car, you may be entitled to certain legal rights and monetary compensation.
To find out your legal rights regarding personal injuries and car accidents, please feel free to contact Schechter, McElwee, Shaffer, & Harris, L.L.P., Houston TX auto accidents lawyers, at 713.574.5089 for a free consultation now!