Succasunna Attorney Handles Cases Stemming from Accidents Involving Company Vehicles

Lawyer with more than 30 years of experience litigating complex vehicle collision claims

An accident involving a company car can raise questions that do not apply to an ordinary collision between two motorists operating their own vehicles. The driver, employer and one or more insurance companies may dispute who is responsible for the resulting injuries. At Kevin T. Kutyla, Esq., I advocate for injury victims in Sussex and Morris counties, as well as other New Jersey communities. My firm is committed to securing fair compensation for people hurt in serious crashes, including those connected to one’s employment. When you have been injured in crash involving a company car, call my firm to protect your interests.

Are employees or employers typically held liable for New Jersey company vehicle accidents?

An employee who causes a collision through speeding, distraction or another form of negligent driving may be personally liable for the harm they cause. However, their employer may also be held vicariously liable when the employee was acting within the scope of their employment at the time. Acting within the scope of employment might include traveling to a customer’s location, making deliveries, transporting equipment or driving between job sites. A business may also be directly liable for negligent hiring, inadequate driver training, poor vehicle maintenance or allowing an employee with a known history of unsafe driving to operate a company vehicle.

How does liability shift if the company-owned vehicle was being driven by an employee for personal use?

An employer may argue that it is not responsible when an employee causes an accident while using the company vehicle for a purely personal purpose. For example, liability may rest primarily with the employee if the person took the vehicle on an unauthorized personal errand. However, personal use does not automatically eliminate the employer’s potential liability. Determining who is at fault may depend on whether the company permitted personal errands in the company car, whether the employee was also completing a work-related task and how far the employee departed from their assigned duties. A brief stop during a business trip may be treated differently from a wholly personal trip.

What can New Jersey employees do if they suffer injuries in an accident while driving a company vehicle?

An employee injured while driving for work should report the accident to the employer promptly and seek medical care. When the crash occurs in the course of the victim’s job duties, workers’ compensation benefits should cover the following:

• Necessary medical treatment
• Temporary wage-replacement benefits
• Permanent disability benefits, if warranted
• Death benefits for eligible dependents in the event of a fatal crash

Workers’ compensation is generally available regardless of who caused the collision. In most cases, it also prevents an employee from suing the employer for ordinary negligence. A separate personal injury claim may be available, however, when someone other than the employer shares liability for the accident. For example, if an employee driving a company car was sideswiped by a negligent driver, the employee may have the right to file a third-party personal injury claim outside of the workers’ comp system.

What role does insurance play after an accident involving a company vehicle in Succasunna?

The company’s commercial automobile policy may offer coverage when its vehicle or employee caused the accident. In cases where the vehicle was being used outside the scope of employment, the driver’s personal policy might be implicated. An injured party may also need to use their personal injury protection (PIP) coverage for initial medical expenses before pursuing a liability claim, or look to uninsured or underinsured motorist coverage if the at-fault driver is not insured.

How long does it take to resolve a company vehicle accident claim or lawsuit?

A straightforward claim involving clear liability and well-documented injuries might result in a settlement within several months. A case can take much longer when there are disputes about whether the employee was working, insurers deny responsibility or the injured person requires extensive treatment. If litigation becomes necessary, discovery, depositions, expert evaluations and court scheduling may extend the case for a year or longer. Your auto accident attorney can assess the facts of your case and advise on what a suitable recovery would be.

Speak with a New Jersey company vehicle accident attorney

Kevin T. Kutyla, Esq. has offices in Succasunna, Newton and Vernon to assist Morris and Sussex County residents who have been injured in vehicle collisions, including those involving company cars. For a consultation, please call me at 973-940-8970 or contact me online.