Can I Sue a Business if Their Employee Injured Me in a Car Accident in New Jersey?

By Kantrowitz, Goldhamer & Graifman, P.C.Auto Accident

A business may be directly or vicariously liable for injuries caused by a negligent employee. However, they would have to be performing tasks within the scope of their job when the accident occurred. If they negligently caused a car accident while working under the employer’s direction– individuals injured in the accident can sue the employer to recover their damages.

At Kantrowitz, Goldhamer & Graifman P. C., we represent motorists in Bergen County and elsewhere in New Jersey who have suffered injuries due to the negligence of a business’s employees. We have a deep understanding of the defenses that employers typically raise in direct and vicarious liability lawsuits. We also have the knowledge and experience to overcome those defenses and recover the largest available damages awards for our injured clients.  

A business that is sued for an employee’s negligence

To successfully sue for vicarious liability, your car accident attorney will need to prove that the employee was working when the accident happened. Further, the employee’s actions at the time of the accident were part of the responsibilities of their job, and those actions were performed within the scope of it.

Employers often try to escape liability by claiming that the employee, for example:

  • Was on the way to or from work and was not yet acting within the scope of employment
  • Temporarily went out of the scope of employment to handle a personal task
  • Acted rogue or contrary to the employer’s specific directions as to how job tasks should be performed
  • Was engaged in unlawful or intentional conduct that then precipitated the accident

Your lawyer should carefully review the details of your case to anticipate and deflect these and other potential defenses.

The business might also be directly liable for an injured party’s damages

An employer might also be directly liable for an employee’s negligent actions if they failed to properly train or instruct the employee. Moreover, that failure was the direct and proximate cause of the accident. Finally, an employer might also be directly liable for damages if they did not properly maintain equipment or provide reasonable safety mechanisms that might otherwise have prevented an accident caused by its employee.

Your car accident attorney can more readily establish the facts required to show direct liability when an investigation is conducted as soon as possible.

Contact us at Kantrowitz, Goldhamer, & Graifman P. C. when a business’s employee causes an accident  

If you suffered injuries in a car accident in Bergen County or elsewhere in New Jersey caused by a business’s negligent employee, we could help you recover the compensation you are entitled to receive. Do not hesitate to call our offices as soon as is possible after your accident to preserve your full right and opportunity to get the damages you deserve.

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