Injured By A Company Vehicle In Louisiana? Here’s What You Should Know

In this article, you can discover…

• When a company vehicle is responsible for a driver’s negligence.
• The legal difference between an accident with a company car and a personal car.
• How an experienced personal injury attorney can help you determine liability.

When Is A Company Legally Responsible For An Employee’s Negligent Driving In A Vehicle Accident?

A company is legally responsible for the actions of its employees if the employee was acting in the course and scope of their employment. In other words, if the employee was performing a work function or a part of their job while driving and caused an accident, then the employer will be liable for that negligence.

What Happens If The Driver Caused An Accident While Using The Company Vehicle For Personal Reasons?

Generally, if a driver is using a company vehicle for personal reasons and causes a wreck, the employer’s insurance will not cover the employee. In that case, the employee’s personal car insurance should provide coverage. There may be some exceptions, however, such as when the employee was on their way to work or on their way home from work.

Does It Impact Liability If The Accident Happened Outside The Driver’s Normal Work Hours?

Yes. Liability greatly depends on what the vehicle was being used for at the time of the accident. If the employee was still on the clock and doing work, even if this happened outside of their normal work hours, then an argument could be made that the vehicle’s use was work-related at the time of the accident.

Can I Sue Both The Company And The At-Fault Driver In A Company Vehicle Accident Claim?

No. Louisiana law has changed recently, and you cannot name the at-fault insurance provider in a lawsuit. Instead, you would have to sue the Louisiana company and the at-fault driver.

Louisiana’s Husband and Wife Legal Team, Jeffrey Gennusa and Ana Rodrigues Gennusa of the Gennusa Firm in Louisiana, are respected, determined personal injury attorneys. With over 30 years of combined experience, they’ve helped clients just like you determine who is liable when a company vehicle strikes them and guided them in seeking compensation.

Have questions, or in need of legal guidance after a car wreck? Reach out to the Gennusa Firm for a FREE initial consultation today.

How Does Louisiana Law Treat Cases Differently When A Company Car Is Involved, Compared To A Private Driver?

The law in Louisiana is the same for company drivers and private drivers. The difference is that if the driver was working at the time of the wreck, instead of filing a claim against the at-fault driver’s personal insurance company, you would file a claim against the company’s insurance company. If a lawsuit is filed, you would have to name the company as part of the lawsuit.

Does It Make A Difference If The Company Car That Hit Me Was Owned By A Small Family-Owned Business Or A Very Large Business?

The size of the business makes no difference. Generally, if a company has an employee who is driving for them and causes a wreck, then the accident has occurred in the scope of their employment and the company is liable, regardless of the size of the company. Similarly, even if an employee is in their personal vehicle doing work for their employer, the company would still be liable for the driver’s negligence.

Who Would Be Liable If A CEO Driving To Work Were To Hit Me?

In these cases, it would depend on whether any work was being done by the CEO as they drove. We would also have to look at what the driver’s insurance policy says. The policy, for example, might establish that driving to and from work is not employment-related.

But if the CEO was making work-related calls as they drove, this could change matters, as this could qualify as using a vehicle for work-related purposes, shifting liability to the company. Many attorneys, for example, will make or take hands-free calls as they commute, and will bill for that time. To determine who would be liable in that situation (the individual driver or their company), it is best to consult with an experienced personal injury law firm.

Still Have Questions? Ready To Get Started?

For more information on company vehicle accidents in Louisiana, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (504) 298-1983 today.