A car crash can become more complicated when the other driver was working at the time. As you face injuries and other losses, you may also wonder if the driver’s employer shares responsibility.
In Indiana, an employer may share responsibility when an employee causes a crash while doing work for the business. Courts look at what the driver was doing and how closely that task connected to the job.
When an employer may bear responsibility
Indiana uses a legal rule called respondeat superior. Under this rule, an employer may bear responsibility for harm an employee causes while acting within the scope of employment.
An employee acts within that scope when the conduct serves the employer’s business to an appreciable extent or closely relates to work the employer assigned. In plain terms, the driver must have been doing work for the employer or carrying out a task tied to the job.
If the driver meets that test, your claim may involve both the driver and the employer. The employer does not have to take part in the crash directly for the rule to apply.
Why the trip matters
Driving a company vehicle does not automatically make an employer responsible. Courts also look at why the employee was driving when the crash occurred.
A driver who was making a delivery or running an errand for work may have been acting within the scope of employment. Indiana generally treats an employee’s regular trip to or from work as personal travel instead.
A commute can involve work duties in some cases. For example, an employee may perform a task for the employer during the trip. That work-related purpose may affect whether the employer shares responsibility.
Details worth saving
You may want to keep records that identify the vehicle and the driver’s employer. Consider writing down what you know about where the driver was going and what work they were doing. These details may help show who shares responsibility and help you get ready for the next steps in your claim.