Bart Durham Personal Injury News & Blog

Having a Wreck on the Clock can be Complicated

Written by Bart Durham Injury Law | Nov 6, 2021 12:15:00 PM

If you're at fault for a wreck in your personal vehicle, you're liable for all damages. However, if you were driving for work at the time of the accident, your employer might also have some liability.

On The Clock or Not

It is important to note that if you leave work to run a personal errand, such as a doctor's appointment or taking your lunch, your employer would not be liable. Similarly, your commute to and from work is typically not considered a part of your job and not a work-related task.

If you were on the clock completing a work task required by your employer, then your employer likely has "vicarious liability" for your wreck to protect all parties. The circumstances under which your employer could have vicarious liability are as follows:

  • You were on the job and on the clock when the accident occurred.
  • You were driving as part of a work-related task.
  • You were driving in order to perform a job-related task your boss or employer asked you to do.
  • You attended or took part in an activity from which your employer stood to benefit.

Employer Liability

In addition, your employer could be liable for your injuries even if the car accident was your fault. If you sustain injuries doing anything work-related, you might also be able to file a workers’ compensation claim and pursue damages from your employer. Employers who are clearly flagrant in their actions can find themselves dealing with both workers’ compensation and personal injury issues.

What You Should Do

After ANY auto accident you should record your surroundings, take photos (but NEVER share them on social media), save any documentation, file a police report, visit your doctor or an E.R., and speak with an experienced personal injury lawyer. The professional attorneys at Bart Durham Injury Law can advise you of your rights, help shield you from liability, and work with you to pursue compensation for your damages.

Contact an Experienced Injury Law Firm

Bart Durham Injury Law accepts cases on a contingency fee basis. They always provide a FREE consultation and case evaluation. If they take your case, you will not pay any fees until they recover monetary damages in a settlement or trial award. Call Bart Durham Injury Law's office in Nashville 24/7 - 800-844-1712 - and tell them about your potential case.