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Car Crash With an Employee: Do I File Against the Driver or the Company?

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If you have been involved in a St. Louis car accident with an employee on duty, you may be unsure of what to do next.

The legal aftermath of a car accident is often hard to navigate and leaves victims confused and unsure of what to do next. This is the case when someone is hit by a driver who was on duty, commuting to work in their company vehicle, or performing work duties as drivers. 

When you are in this situation, as a victim, who do you file the claim against? Will you target the driver himself or should you address the driver’s employer? 

We will discuss this situation from a legal point of view to see what options one has when being hit by a driver on duty.

two st. louis men involved in a car accident

What Is Vicarious Liability?

Vicarious liability is a doctrine that applies in certain cases when another person, different from the driver who caused the accident, can be held responsible for their negligence. This applies to accidents caused by teen drivers, drivers who use someone else’s car, drivers who were performing work duties at the time of the accident, and so on.

This means that a driver’s employer can face a car accident claim if their employee caused an accident. The key factor in using this law as a car accident victim is being able to prove that the other driver was, indeed, performing their work duties when they caused the accident.

Most often, though, the car accident claim will directly be addressed to the at-fault driver’s auto insurance company. Minor accidents are easily solved in this manner. The problem arises when the at-fault driver is uninsured or underinsured. If their policy is not active or if it doesn’t cover the damage, you may redirect your claim towards their employer.

Still, victims can first try to use their own UMI (uninsured motorist insurance) to cover the full extent of their damage, but it’s not a rule. You can file a claim towards the driver’s employer, which many victims do because of a higher chance of company insurance covering more extensive damage.

How to Approach a Case of Vicarious Liability?

As you can see, insurance coverage can become quite complicated in some cases. If you are dealing with a similar situation, we strongly recommend getting in touch with an experienced St. Louis car accident lawyer. They can compare the possible outcomes of the main options you have, choosing the quickest and surest way to get the compensation you need.

What Should You Do?

It may be tempting to file a case against the employer, hoping to get higher compensation. The good news is that companies are more likely to solve the claim quicker, in order to avoid bad publicity, and they also have their own strategies to establish liability correctly. However, that’s not always the case.

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St. Louis Railroad Crossing Accidents

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According to the Federal Railroad Administration, there were 143 cases of casualties related to railroad crossings in 2018 in Missouri.

When these cases happen, people are generally left with fairly severe injuries that require extensive medical treatment. These treatments are expensive, and you are left wondering if there is any way of getting compensation to cover them. But the question is, who do you file the claim against?

railroad crossing

Determining Liability

The only way to know who is responsible for these types of accidents is to take a close look at the details of the case. Your St. Louis car accident attorney can take a look at your situation and see who may be held responsible for the incident, generally by determining what caused it in the first place.

Possible causes of the accident can be:

1. Lack of or Defective Crossing Signals

It’s possible you tried to cross the railroad because nothing informed you of an oncoming train, such as gates or lights. These details can generally point the finger toward the people who are responsible for ensuring these signals work properly, most commonly the railroad company.

If that is determined as the cause of the accident, then it’s possible to demand compensation from either the employees in charge of the signaling devices or the company itself.

2. Other Negligence

Particularly in rural or remote areas, it’s possible there is no need for a gate, as there is not much traffic. However, trains should sound the horn once they approach a crossing, and failure to do so may be the cause of the accident. The area in question may also not be properly maintained, and elements like overgrown trees can make it difficult for drivers to see the train until it is too late.

Sometimes, these accidents are avoidable and drivers manage to get out of harm’s way just in time. But if they don’t, victims have the right to hold the responsible party accountable.

What Happens Next?

Determining who is responsible for the accidents requires some investigation. While these cases are often analyzed by the police, you can also contact a St. Louis auto accident lawyer and have them gather evidence on your behalf to see who may be held accountable.

Essentially, you have to prove a party is guilty of negligence, which is why the accident happened in the first place. However, in Missouri more than one party can be found responsible. During the proceedings, it’s possible for the other party to also claim you have part of the blame, because, for instance, you did not act in time to avoid the accident.

That is why you should consider working with a St. Louis car accident lawyer, as they can help defend you if such accusations arise, and prove the blame is on the other party.