Accidents with Company Vehicles in Florida & the Doctrine of Respondeat Superior

In many cases, employees are provided a vehicle by their employer with which to conduct company business. A classic example is a delivery driver who drives a company truck to deliver packages as part of his employment with the company. When company vehicles get into accidents, the people who are injured can often recover compensation from the driver’s employer.

The Doctrine of Respondeat Superior (or Vicarious Liability)

In Florida, a company, corporation, or other entity, such as a limited liability company (LLC) or partnership, is considered a “person” under the law, and persons are legal entities. The legal doctrine of respondeat superior, otherwise known as vicarious liability, stands for the proposition that an employer company may potentially be held liable for damages sustained by an innocent accident victim if their employee was at fault for an accident. Assuming that the employee driver was acting within the scope of his or her employment (i.e. “on the job”) at the time of the accident, the employer company can be held responsible for the employee’s negligence – even in cases where the employee was operating his or her own motor vehicle at the time of the accident.

Driving to or from Work

If the negligent employee driver was driving to or from work at the time the motor vehicle collision occurred, in many cases, the employer company is not responsible for the accident victim’s personal injuries and damages. However, the employer company may still be liable for damages if the employee is a traveling employee who was acting within the scope of employment at the time of the accident – or if the employee was on a “special errand” for the employer at the time of the accident.

In cases where the negligent employee driver was not driving a company vehicle at the time of the accident, the accident victim’s insurance company may take the driver’s sworn examination under oath or send the driver an affidavit to sign regarding the fact that he or she was driving in the course of employment duties.

Lawsuit against the Negligent Driver

In addition to filing suit against the negligent driver’s employer, you may also be able to file a personal injury claim or lawsuit directly against the negligent driver who caused the collision. In that case, coverage would likely come from the at-fault driver’s insurance policy rather than from the employer/company’s insurance policy.

According to the Florida Traffic Code, drivers must operate their motor vehicles in a reasonable, careful, and prudent manner while on the road. When they fail to do so – or when they drive their vehicles in a careless, reckless, distracted, or negligent manner, resulting in an accident and injuries – then the negligent driver (or the driver’s insurer) may be deemed responsible for any injuries and damages caused to the accident victim.

Motor vehicle collisions can be devastating experiences for everyone involved and can result in serious personal injuries and long-term damages. If you are involved in an accident that was caused by the driver of a company vehicle, you may be able to pursue monetary compensation for all of your injuries and damages arising from the accident. The knowledgeable car accident lawyers at Gerson & Schwartz, P.A. can meet with you to evaluate your claim and can negotiate with the insurance company adjuster for the at-fault party or parties. Our attorneys are also aggressive litigators. Consequently, if the insurance company refuses to place a satisfactory settlement amount on the table, our attorneys are not afraid to litigate your case through the Florida court system – or take it to trial, if necessary.

Contact a Miami Car Accident Lawyer Today for an Initial Consultation and Case Evaluation

Florida car accidents that result from a collision with a company vehicle can be especially complex from a legal standpoint. The car accident lawyers at Gerson & Schwartz, P.A. are experienced litigators and can take the necessary legal measures to safeguard all of your rights. You should feel free to contact a Miami car accident lawyer at any time, via telephone or online, for a free initial consultation or case evaluation.

Client Reviews
★★★★★
I am a lawyer in Massachusetts. I had a case to refer against a cruise line in Florida and did my homework on which firm to represent the client. Let me take the guessing out of it for you. Call this law firm and sign up. Brandon Parrelli, Google User
★★★★★
A big shout out to Nick Gerson & Schwartz for helping me navigate my care after a fall against a major cruise ship. They took care of me all along the way and saw me through such a very hard time. I highly recommend their firm if you are looking for a firm that truly cares about you. 5 Stars all the way! Janna Wright, Google User
★★★★★
Mr Nick Gerson has been extremely attentive (even on weekends!) and has been more than willing to take time to answer all my questions. His receptionist (Suzanne) and paralegal (Carla) are courteous, friendly and highly efficient in all matters. Mr Gerson's diligence lead to a very quick resolution of my case. I am more than pleased to recommend you seek him as your attorney. You will not regret you did!! G.I.B.
★★★★★
Mr. Gerson and all his team gave to my case the careful and professional attention it needed from the beginning to end. Unfortunately, a year ago I was involved in a car accident on the victim side. I have appreciation for the good service that was given to me and my situation. Thanks. Cales & Mr. Hyde (Carlos Andrés García Jiménez), Google User
★★★★★
Gerson & Schwartz did an excellent job with my case! Nick Gerson was my primary contact throughout the process and I was overly pleased with his level of professionalism and commitment. Thanks again to the firm for both winning my case and handling it with the upmost respect. Read More » Jhlechia Ervin
★★★★★
Phil is the best attorney! The staff is very helpful and were always kind and understanding. Especially during a PIP claim which can be very frustrating. I am so lucky that I found Gerson & Schwartz to resolve my case, I truly believe there could have been no better outcome. Romina Frascarelli, Google User
★★★★★
Excellent attorneys, they leave no stone unturned in any case and get max value. Jon Zepnick, Google User
★★★★★
I hired Gerson & Schwartz, PA for a personal injury/slip and fall case. Phil Gerson, Nick Gerson, and Ed Schwartz were awesome! They were very professional, supportive, and informative through the whole process. I was amazed at how much time and effort they put into presenting my case. They fought hard for me and I am very happy with the outcome. I love these guys and would highly recommend them to anyone looking for an attorney who will look out for your best interest and fight hard for what you deserve. Deb Betts, Google User
Contact Us Free Consultation
captcha