Every day in Texas, you share the road with thousands of company cars. If you, unfortunately, end up in a car crash with one of these vehicles, it can make your life extremely difficult. There are a lot more questions that need to be answered when it comes to these crashes, and it can be difficult determining who’s at fault. Below, we’ll discuss what questions you should ask yourself to determine whos really at fault.
The First Stage of Your Case
The first step is to establish negligence. This could be anything from failure to comply with traffic laws, too distracted driving. While any traffic violation can be evidence, the most common violations are speeding, driving under the influence, or running red lights. The most common examples of distracted driving are texting, or eating while driving. If the driver was doing something that took their focus of the road, they could be held responsible for the accident. To build a strong case, be sure to document as much as you can at the scene. Getting the police report or taking pictures at the scene can make all the difference.
When it comes to company vehicles, a driver being negligent doesn’t necessarily mean they are responsible. If the driver was acting within the normal course of their employment, their employer may be responsible. An action an employee takes that could be understood as within the scope of their employment can mean that the employer is responsible. For example; a delivery driver rear-ends you while on his way to deliver a package. The driver was acting within the scope of his employment, so his employer may be responsible. It’s important to remember that just because someone is driving a company vehicle, doesn’t mean its the companies responsibility. For example, if the accident happened during the employee’s lunch break, the company is most likely, not responsible.
Unfortunately, companies will look for any reason to argue the employee was outside their scope of employment. They will try to avoid responsibility by any means necessary. Regardless, it’s in your best interest to sue the employer and not the employee. Employers typically have much more insurance coverage than their driver’s personal insurance. If you have extensive damages, you’re more likely to get the full amount owed to you, and if their insurance doesn’t cover all of your costs, they’ll have more resources to get what is owed to you.
Wondering the Worth of Your Personal Injury Case?
After a personal injury accident, your top priority should be recovering. Not trying to figure out which damages you may be eligible for and determining the value of your claim on your own. Consult a Texas personal injury lawyer from The Law Giant, Personal Injury & Accident Lawyers.
To find out how much your personal injury claim is worth, contact The Law Giant right away. You can count on us to investigate your situation and ensure you secure the fair compensation you deserve. To schedule a free, initial evaluation of your case, contact us today at (866) 523-4167.
