Employer Liability

A driver's employer and not the driver, is liable for damages when a driver causes and accident while being on the job. In a Phoenix personal injury lawyer case, this is called the rule of employer liability.

In the rule of employer liability, the rule applies in all employment type situations. For instance, if the employer was a private person or a public company or agency, the rule is the same. In addition, it also applies whether the employee was a driver of a vehicle, a passenger in the employer's car or even a pedestrian. The employer in all these cases is liable if the employee caused the accident while being on the job. Often times the facts are clear cut in a Phoenix personal injury lawyer case, with the exception of whether the employee was actually on the job.

Whether an employee is on the job can prove to be a difficult factual question to answer. For instance, what if the employee was on their lunch break when they cause the accident, would this be considered on the job and would the employer still be liable? In the majority of situations, anytime someone is performing any duties related to work, the person can be considered to be on the job. This includes doing personal business. Therefore, in the above example concern an employee causing an accident while on a lunch break, in a Phoenix personal injury lawyer case, it would be considered on the job and the employer would be liable.

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