If you are working as an employee or performing a work-related task when an accident occurs, your employer may be liable for your injuries and the resulting damages. Employers have been found liable for accidents that injured their employees while working on the clock or working for business purposes. In most states, it is required that employers provide employees with the proper equipment and safety measures necessary to do their job safely. They also have a duty to warn the employee of dangers that could result in a potential injury or death.
Car accidents that occur when one or more party is “on the job” can be particularly difficult to navigate due to the legal concept of respondeat superior. Companies will also hire their own attorneys to protect their interests and assets. It is important to consult with an experienced personal injury attorney to understand how to proceed with your case.
Ali Awad, the “CEO lawyer,” understands the best approach to seeking the compensation you need during these tough times in your life. Filing an injury claim is not something any of us want to go through, but when it happens, you want someone savvy and focused on the numbers on your side. Call the CEO Lawyer Personal Injury Law Firm at (833) 254-2923 for your no-obligation consultation.
Under most circumstances, Georgia recognizes the legal doctrine of respondeat superior. Under this doctrine, an employer can be held liable for negligent acts committed by its employees while working within the “course and scope” of their employment.
In Georgia, personal injury victims can use the doctrine of respondeat superior to seek compensation for injuries and damages from the employer of the at-fault party if that person was working on the job during the time of the accident. As most personal injury attorneys will tell you, the employer and the employer’s insurance company may be a better source of potential compensation than the employee alone.
However, in 2020, the Georgia Supreme Court ruled that the respondeat superior law was at odds with the Georgia apportionment statute, which holds that liable parties should each be responsible for a portion of damages dependent upon the percentage of fault. This means that both the employer and employee may both be held liable for a portion of the damages in your personal injury case.
Proving Employer’s Liability
If you are suing your employer or the employer of the at-fault party in your car accident, you must be able to prove that the other driver was acting in the “course and scope” of their employment when the accident occurred.
A personal injury attorney will conduct an investigation into the accident, review statements from all parties, and police reports in order to answer the following questions:
What was the employee was doing right before and during the time the accident took place. For example, were they driving safely, or were they sending a text message or adjusting the radio?
Where was the employee was headed and where they had just left before the accident took place?
Was the employee driving to or from work when the accident happened?
Was the employee in a company-owned vehicle?
However, the answers to these questions are not always straightforward. Suppose that the negligent driver was using their phone right before the accident took place, but they were conducting work-related business. Or, the negligent driver was on their way home from work when the accident happened, but they were tasked with a “special mission” or asked to do something that would benefit the employer while on their way home.
Negligent Hiring Practices
Negligent hiring refers to when an employer hires (or retains) someone that they knew or should have reasonably known, regularly engages in behavior that could cause injury to another person.
In Georgia, the plaintiff must prove that the employer did not exercise reasonable care in hiring the worker or wilfully ignored signs that the employee acted in unsafe and unprofessional ways. Additionally, the plaintiff, or their attorney, must prove that the negligent employee had dangerous tendencies. For example, did this employee who was hired to drive a delivery van have several tickets for speeding or distracted driving? Had they been arrested for driving under the influence?
Finally, the plaintiff must prove that the employer put the employee in a position to cause harm or injure another person while the scope of their employment.
Ali Awad, the CEO Lawyer, Personal Injury Attorney
Navigating the law in personal injury cases that involve a person working on the job can be especially complicated. It is vital that you contact an experienced injury and accident attorney to help you understand the facts of your case and which parties should be held liable for injuries sustained in a car accident.
Ali Awad is the founder and managing attorney of the CEO Lawyer Personal Injury Law Firm. Ali Awad is experienced in maximizing settlement offers for his clients and dealing with both big business and insurance companies. Our Atlanta car accident attorneys don’t get paid unless you do, so call now at (833) 254-2923 for a no-obligation consultation of your case.
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Frequently Asked Questions
After a personal injury, you're bound to have legal questions. The CEO Lawyer Ali Awad can provide you with answers to these questions, just as he's given answers to his millions of curious social media followers. Take a look at some of the most common personal injury law questions for general information, and then reach out to one of our seasoned attorneys for specific guidance on your case!
To quickly resolve matters following an accident, insurance companies will offer you less than you deserve in compensation for your injuries. Many victims feel pressured to accept these offers as the bills begin to pile up, but that is rarely a good idea. The insurance company is looking to protect its bottom line; and will offer injured victims less than they deserve. An experienced personal injury attorney understands how to negotiate with the insurance company and can look out for your best interests by getting you the compensation you deserve after an injury. If you or a loved one has been injured in an accident, it is important to avoid negotiating or providing recorded statements to the insurance company without first seeking help from a qualified personal injury attorney.
Do You Have a Personal Injury Case?
The best way to determine if you have a personal injury case is to speak with a knowledgeable attorney. Our legal professionals have the expertise to evaluate your case and determine a strong legal strategy so that you can obtain the greatest amount of compensation possible under the law. We will enlist investigators, assistants, and other specialists to collect accident reports, speak with witnesses to your accident, and put together a plan. While you focus on your physical recovery, we will remain committed to fighting for the compensation that you deserve.
Georgia's Personal Injury & Accident Firm
Accident victims have a limited time to file a personal injury lawsuit. This time period is referred to as the statute of limitations, and in Atlanta, it lasts only two years. This means that if you or a loved one has been injured in an accident, you have only two years to pursue a personal injury suit. If you wait too long to reach out to an experienced attorney, you might be forever barred from seeking the compensation you deserve.
What to Expect From Your Initial Consultation With a Personal Injury Attorney?
During your initial consultation with CEO Lawyer team, we will go over the important details of your personal injury accident, which include the nature and extent of your injuries, how your injuries have impacted your ability to earn a paycheck, the cost of your medical treatment, and whether further medical treatment will be required. We will answer any questions you might have, as well, in regards to our experience, our track record of success, and what to expect from the legal process.
Many personal injury victims wonder if they will be able to afford the legal fees required to pursue a lawsuit. CEO Lawyer injury and accident attorneys will not ask for any type of upfront fee unless we are successful in obtaining compensation for you. That means that if you have been harmed in a motor vehicle accident, slip and fall accident, defective product accident, or any other type of personal injury accident, you can absolutely afford to contact our law office today for assistance. In fact, you cannot afford to wait. Reach out today.
We understand that some accident victims might have already obtained the assistance of an attorney but may be dissatisfied with the services provided. We are standing by and prepared to help you change legal representation, regardless of where you are in the process.
Speak to an Experienced Personal Injury Attorney Today
If you or a loved one has been injured in any type of personal injury accident, you should not hesitate to speak with the experienced attorneys at CEO Lawyer personal injury law firm. Call, email, or fill out our online contact form today so that we can begin helping you pursue the compensation you deserve.