Fontana Personal Injury Lawyers


Suing the Defendant’s Employer in a Personal Injury Case in Fontana

If you’ve sustained injuries in an accident in Fontana, then California law may give you a right of action to sue and recover damages.  Under the law, compensation is owed to those who have been harmed due to negligence, recklessness, or intentional misconduct — and it’s important that you take steps to secure this legally-justified compensation.

Call us at 1-800-THE-LAW2 for a free consultation with a Fontana personal injury lawyer.  We understand that exploring your legal options can be intimidating and even overwhelming, so don’t fret.  If you’re still contemplating what to do, let’s take some time to discuss a common issue in personal injury disputes, and how it could give you access to significant damages.

Why Sue the Defendant’s Employer?

In California, it’s possible — under certain circumstances — to sue the employer of the defendant who caused you injury.  This can be rather advantageous when it comes to maximizing your compensation amount.

How does this work?

Suppose that you’ve been injured in a motor vehicle accident involving a professional delivery driver.  The driver was negligently speeding at the time of the accident, and as a result, caused you to suffer serious injuries worth $100,000.  Unfortunately, the defendant does not have any personal auto insurance coverage.  You won’t be able to recover the damages you’re owed from the defendant-driver.

And so you seek out an alternative defendant who might be able to pay out the damages that you’re owed.  As it turns out, the defendant-driver was driving for work.  They were acting within the “course and scope” of their employment.  Under these circumstances, the law empowers you to sue their employer and recover the damages that should’ve been paid out by the driver.

This dynamic is commonly referred to as “vicarious liability.”  Simply put, California employers are vicariously liable for the negligence of their employees (so long as their employees were acting within the course and scope of their employment at the time of the accident).  This has significant benefits for plaintiffs, as employers are much more likely to have substantial insurance coverage, and may also want to pay out through a settlement to avoid the negative publicity of an accident case.

Evaluating the Case — Can You Sue?

Cases are not always straightforward. In the vicarious liability context, there are two major roadblocks that you might encounter:

The defendant employee had to have engaged in negligence. Reckless or intentional misconduct does not pass through as liability for the employer.

The defendant employee had to have been acting within the course and scope of their employment.

With respect to #1, you must be able to show that the defendant who injured you was merely negligent.  If a driver engages in road rage and collides with your vehicle, that intentional misconduct cannot lead to liability for their employer (unless the employer had prior knowledge of the employee’s road rage predisposition).

With respect to #2, you must be able to show that the defendant who injured you was not acting merely during their personal time. For example, if the defendant was commuting home from work when they collided with your vehicle, that would not qualify as “within the course and scope of their employment” — the employer couldn’t be held liable for what their employee did on their personal time.

Contact an Experienced Lawyer

If you’ve suffered losses due to another’s fault, then the law may entitle you to sue the responsible parties and recover damages as compensation. As the case develops, however, you may find that it is more complex — and more challenging — than you initially thought.

We can connect you to an experienced attorney who has the skillset and experience necessary to handle your case. Contact us today for a free and confidential consultation.

1-800-THE-LAW2 Digital Content Manager & Legal Editor Posted On: August 23, 2022