Our truck accident attorney in Tulsa Oklahoma knows about all types of Truck and car accidents. Vehicle accidents occur frequently on the Oklahoma roads, which is no secret. What you might not know is that many of those accidents are caused by employees driving company vehicles, which significantly affects who is legally responsible for injuries that result from these accidents. Let’s take a closer look at company vehicle accidents and what you could do if you have been injured in one.
Liability For An Oklahoma Vehicle Accident
Generally, a company vehicle is a truck, van or car used by the employees and agents of the company to do their jobs which could include transporting people and goods, among other things. Think 18-wheelers, buses, delivery trucks, fleet vehicles, garbage trucks, and corporate vehicles. What ever the type of truck, our truck accident Attorney in Tulsa have dealt with it.
If you are injured or loved one is killed in a company vehicle accident, then a common way of holding the at-fault driver or their company responsible is by suing for negligence. Negligence in this context means that the driver does not exercise the care which a reasonable driver would exercise to minimize risks to those around them, and this results in your injury.
For example, if a company driver hit your car while texting someone, he has breached a duty to you by driving unsafely and unlawfully (texting while driving is against the law in Oklahoma).
Notably, for you to succeed in a negligence lawsuit, you have to show that the driver caused your injury by breaching a duty to you. For example, if the driver were paying attention to the road instead of texting, he would not have been distracted and caused your accident – and a reasonable person in that driver’s shoes would have known that texting while driving could result in distractions and ultimately, an accident in which someone gets injured.
Another requirement to succeed in a negligence case is to show that you experienced injuries or damages. Not surprisingly, the value of a lawsuit depends on the extent of your injuries. Also, Oklahoma is a comparative negligence state, which is where liability is assigned to each driver who is at fault. So, if you were partly to blame for the accident, then under Oklahoma law, your negligence could reduce your damages or otherwise diminish the value of your case.
Liability For Employee’s Negligence
In Oklahoma, you could hold an employer responsible for its employees’ actions by the doctrine of respondent superior. With this legal theory, the company is responsible for its driver’s acts which harm you when the driver is acting within the scope of their employment.
The question often becomes: was the driver in the process of furthering their employer’s interests when the company vehicle accident happened? Obviously, if the driver is using the company vehicle for pleasure instead of doing work for the company, then the driver is not acting within the scope of their employment. However, some of these company vehicle accidents may occur when the driver is on the clock while they shift from their route ever so slightly to perform an errand. This makes it more difficult to evidence the driver’s actions as occurring in the course of their employment. But when the driver is commuting to or from work, the company is generally not liable for causing your injury. In some cases, however, the company agrees with the driver that the company will bear responsibility even though it is not at fault for the accident.
Check Out Our Workers Compensation Blog
Liability For Negligently Hiring, Negligent Supervision
A company has a duty to hire competent employees. However, some companies may not do their due diligence on those who they hire. They may not investigate the background of a company vehicle driver before hiring them, essentially disregarding harmful information such as driver’s license suspensions, DUIs, and other issues that pose a safety risk to others. If a company fails to review a driver’s record or vet a driver that causes your accident, then you could hold the company liable for negligent hiring.
Also, companies who inadequately supervise or train their drivers could be liable if their drivers engage in negligent conduct. Namely, a company is supposed to supervise its drivers to make sure that they obey company rules and Oklahoma driving laws. The company’s and employee’s safety record could evidence a lack of supervision, among other things. Also, a driver might not possess a reasonable understanding as to how to safely operate a vehicle because the company did not bother to train the driver. If this is the case for you, then the company could bear responsibility for the harm that the employee causes you.
Company Vehicle Accident Attorneys In Oklahoma
Injured in a company vehicle accident or any trucking accident? if so, Our truck accident attorney in Tulsa wants to speak with you. consult with a personal injury attorney who is experienced in bringing company vehicle and truck accident accident negligence cases. At Kania Law Office, our attorneys have extensive experience with helping clients hold bad drivers and their companies accountable for causing injuries. We will fight to get you every penny that you deserve as a result of being injured in a company vehicle accident. Keep in mind that you only have two years from the date of your accident to bring a case. Reach out to Kania Law by calling (918) 743-2233 or contact us online for a free consultation with our knowledgeable personal injury attorneys.