Imagine you are driving down a Pennsylvania road. You are minding your own business when suddenly a vehicle slams into your passenger side. The vehicle failed to stop at a red light. It is obviously in the wrong. What is worse is that you see it is a delivery vehicle. You start to wonder who is responsible and who will pay to fix your car. Will it be the driver or the company?
The American Bar Association explains that there is no one right answer to who is liable in this car accident. It really depends on the situation. It depends on whether the driver was working at the time. If this is the case, then the employer does have some liability. However, if the driver was not working, then he or she may hold all liability.
A good example of when the company is not liable is if the driver is on his or her lunch break. He or she is not working at the time and making deliveries, so the employer may be able to get out of any liability. This is especially true if the employee is under the influence of drugs or alcohol at the time of the accident.
So, make sure to get as many details as possible at the scene. Gathering information will arm you with important details that could determine where your case goes from here.
Do note that the state’s insurance laws may also complicate things because you can choose through your insurance whether you want no-fault or not. If you have no-fault insurance, then it really does not matter who is liable because your insurance will cover everything for you. This information is for education and is not legal advice.
