Work-Related Car Accidents
In many cases, work-related car accidents can be complicated. There may be issues related to liability as well as rental car issues that can make it challenging to recover damages. If you are injured in a work-related car accident, you should contact the Los Angeles car accident lawyers at Sharifi Firm, APC. We understand the different options available to you and how they relate, and we can translate that knowledge into effective legal representation.Work-Related Car Accidents
Whether you were on the job during an accident, or the other driver was, can have a substantial impact on your case. If you were working at the time of the accident, you may be able to recover workers' compensation benefits in addition to personal injury damages. Generally, workers' compensation benefits are more modest than a personal injury settlement or verdict, and you cannot get noneconomic benefits like pain and suffering through a workers' compensation claim. You can only recover damages from the other party, however, if you establish negligence.
To show negligence, you will need to prove that the defendant owed you a duty, breached this duty, and thereby caused your injuries. For example, if the defendant ran a stop sign while you were driving to visit a customer and T-boned you, you would likely be able to show that the defendant's breach of duty caused your injuries. In that situation, you might be able to show that the defendant was negligent as a matter of law, which means that the focus of the case would likely shift to damages rather than liability. In most cases, being able to use negligence per se helps the plaintiff because the standard of care is clearly defined by a safety law.
If the other driver was at fault and was on the job, it may be possible to recover damages from the driver for negligence. Moreover, you may also be able to recover damages from their employer. An employer can be held vicariously liable for the negligent acts or omissions of an employee who is in the course and scope of employment. This means that the employer would be liable only if there is a finding that the driver was negligent and that the driver was on the job at the time of the accident. For example, if you are struck by a pizza delivery driver who is delivering a pizza, your lawyer may be able to recover damages from the restaurant that employed him. On the other hand, if you are struck by a pizza delivery driver who was done with his shift and was driving to get himself dinner, you probably would not be able to recover damages from the employer.
Employers can also be held directly liable for employee negligence. Employers are supposed to use reasonable care to make sure that the people whom they hire are qualified to do their jobs. If they fail to conduct background checks or fail to make sure that their drivers can operate a vehicle safely on the road, employers can be held liable for negligent hiring, negligent supervision, or negligent training.
Damages that you may be able to recover in a personal injury lawsuit include both noneconomic and economic losses, such as pain and suffering, mental anguish, lost enjoyment of activities, wage loss, medical bills, vocational rehabilitation, and household services. These damages are typically more substantial than what you would get if you are able to make a workers' compensation claim. However, in a personal injury lawsuit, your damages can be reduced by an amount equal to your degree of fault under the doctrine of comparative negligence. You may need to reimburse the benefits that you recovered in a workers' compensation claim.Get Assistance from a Car Accident Lawyer in Los Angeles or Beyond
After a car accident, it is important to retain an attorney who knows how to investigate what the causes of the accident were. If you were injured in a work-related car accident that you believe was somebody else's fault, you should consult an attorney. At Sharifi Firm, APC, our experienced attorneys can evaluate the circumstances surrounding a motor vehicle collision to determine whom to hold accountable for your injuries. Contact us at (866) 422-7222 or via our online form. We represent people in Los Angeles, Temecula, San Bernardino, Rancho Cucamonga, Glendale, Covina, and Riverside.