How to Prove Negligence in a Company Vehicle Crash

With over 6.4 million auto accidents in the United States each year, staying safe on our nation’s busy roads is becoming increasingly difficult. Whereas accident victims deserve to be compensated for their injuries, lost earnings, and pain and suffering, matters become more complicated when either motorist is involved in a crash while driving a company vehicle.

If you have been involved in an accident in or with a company vehicle, our Anderson, SC, car accident attorneys would like to discuss what factors will be considered in determining compensation.

Proving Liability in a Company Vehicle Crash

Motor vehicle crashes are most often caused by a person’s failure to use reasonable care, known as negligence. To prove a party was negligent, the following components must be established:

• You must demonstrate that the other party owed you a duty of care. All motorists have an obligation to follow traffic regulations to ensure other road users’ safety.
• You must show that the other motorist violated his or her duty of care, either through an act or omission. This may include speeding or failing to stop at a red light.
• You must show that there is a direct link between the other driver’s actions and your injuries. Also, the driver’s conduct must have set into motion the events that caused the accident.
• As a result of the other driver’s actions, you must have suffered measurable losses (lost income, medical expenses, pain and suffering, etc.)

Even if you are driving a company car, if the other driver caused the crash, proving liability will remain the same. It does not matter if you are driving a company vehicle or a personal vehicle.

Proving Liability When the Other Driver is in a Company Vehicle

South Carolina follows a fault system when it comes to car insurance claims. In fault states,  a claim will be filed directly with the at-fault driver’s insurance. Most companies have commercial auto insurance to cover employees in the event that they are in an accident during the scope of their employment. If the other driver is in a company vehicle and is responsible for the crash, then an insurance claim will likely be filed with the employer’s auto insurer.

If an employee was performing job tasks at the time of the crash, then both the employer and employee can be held accountable for the accident. This is known as respondeat superior, which translates to “let the master answer.” Even though the employer did not technically do anything wrong, he or she is still held vicariously liable for an employee’s wrongdoing when the individual is performing job duties.

South Carolina Laws on Negligence

To some extent, both drivers can contribute to an accident. Under the Uniform Contribution Among Tortfeasors Act, an accident victim in South Carolina can recover damages as long as the individual’s degree of fault is less than the other party’s.

Given that insurance companies are always trying to compensate accident victims as little as possible, an insurance adjuster may attempt to assign more liability to you than is warranted. An Anderson, SC, car accident attorney will help gather evidence to demonstrate the responsibility of the other driver and the actual role that you played in the crash.

Consult an Anderson, SC, Car Accident Attorney Immediately

Recovering the compensation you need following a car accident should be straightforward. Sadly, insurance companies will use any excuse to pay out the bare minimum on a claim. If you have recently been in a car accident, our Anderson, SC, car accident attorneys want to hear from you. To arrange your initial consultation, contact us by phone or by completing our online contact form.