Charlotte Company Vehicle Accident Lawyer

Charlotte Company Vehicle Accident Attorney

When accidents involve a company-owned vehicle, establishing responsibility and legal liability can be confusing for all involved parties. Whether a commercial driver caused an accident or you were an employee driving your company vehicle, a Charlotte company vehicle accident lawyer can help discuss your accident and address any questions you might have.

Can I File a Claim Against a Commercial Driver for My Accident in North Carolina

In North Carolina, the legal doctrine of vicarious liability applies to commercial vehicle accidents, which means an accident victim can file a claim against an employee operating a company vehicle to recover from any injuries caused by the negligent employee. If liability can be established, the company must pay for any property and injury damages directly caused by their negligent employee’s actions.

To succeed in a personal injury claim against a driver operating a company vehicle, you’ll need to prove the following:

• The at-fault party who operated their vehicle in a negligent manner was an employee of the company at the time the car accident occurred.
• The employee was working within the scope of their employment at the time the car accident occurred.
• The employee operated their vehicle for the benefit of their company, and as a result, the accident was foreseeable.

How Do I Prove the Employee Was Working Within the Scope of Their Employment at the Time of the Accident?

Sometimes, employees might be driving their vehicles for reasons outside the scope of employment. To decide, a court may examine:

• If the employee wore their uniform or company logo at the time the accident took place
• If the employee was participating in a job mandated by their employer

Typically, companies are liable for the actions of their employees. The victim must prove the company should have reasonably anticipated the driver’s negligence. Consequently, if employers know their driver is operating a vehicle on their behalf, it’s easier to prove the company could anticipate driver negligence.

For example, if a salesperson is driving their company vehicle to a sales meeting and causes an accident, the company could be held vicariously liable for the actions of their negligent employee. However, if the salesperson was using their company vehicle on their day off to take their children to a soccer game, the employer probably wouldn’t be responsible for the accident because they couldn’t reasonably anticipate the accident’s occurrence.

Other Examples

Employees using their company vehicle on their lunch break or for traveling to and from work usually aren’t driving their vehicle within the traditional scope of their employment. Their employer typically won’t be responsible for any negligent driving. However, if during their lunch break, the employee runs an errand for their employer and causes an accident, the employer might be liable for any injuries directly resulting from the employee’s car crash.

Who Is Responsible When Independent Contractors Cause Accidents?

In North Carolina, an independent contractor is not an employee of their company. As a result, it’s difficult for accident victims to hold companies responsible for the negligent driving of independent contractors. Liability waivers required by companies with independent contractors typically remove or reduce liability for these types of accidents.

However, courts may still hold companies responsible for the actions of their independent contractors in certain circumstances. An attorney familiar with personal injury liability can further discuss accident cases involving either a commercial driver or an independent contractor.

FAQs About Charlotte, NC Company Vehicle Accident Laws

How Much Do Most Personal Injury Lawyers Cost for a Car Accident in Charlotte, North Carolina?

In Charlotte, attorneys typically use a variety of fee structures, and their payment typically depends on the case complexity and the experience level of the attorney. Many personal injury attorneys work on a contingency fee, which means you only pay them if they win your case and recover financial compensation.

If you’re considering a particular attorney, it’s important to ask about their unique compensation contract. You can discuss their written fee structure during your initial consultation.

How Much Are Most North Carolina Settlements for Accidents Involving a Company Vehicle?

In North Carolina, car accident settlements usually vary, depending on the injury severity, the liability determinations, the medical care provided, the amount of any lost wages, the property damage involved, and other case-specific factors.

Since these cases are complicated, it’s crucial to consult a Charlotte attorney familiar with company vehicle accidents who can estimate the settlement amount you might get based on your circumstances.

How Long Do Most Car Accident Settlements Take in North Carolina?

In North Carolina, car accident settlements can take a long time to resolve. The time frame usually depends on the case complexity. More complex cases with serious injuries or fault complications can take longer to resolve. A knowledgeable Charlotte attorney can help investigate your car accident case and estimate how long it could take to receive a settlement to fully compensate you.

What Type of Attorneys Handle Car Accidents Involving Company Vehicles?

If you’ve been involved in a car accident with a driver of a company vehicle, it’s crucial to contact a personal injury attorney with experience resolving car accident cases. They can help handle the legal issues involved, especially when deciding liability and insurance coverage.

An experienced personal injury attorney can discuss your rights and make sure you are comprehensively compensated for your accident, and that you won’t bear the burden of an accident, you didn’t cause.

Contact an Experienced Charlotte Personal Injury Attorney to Resolve Your Accident Involving a Company Vehicle

If you or a family member has been in an accident caused by a commercial driver, a seasoned Charlotte company vehicle accident lawyer can help discuss your accident. Also, if you were an employee driving your company vehicle and caused an accident, a knowledgeable attorney from our legal team can address any questions you might have.

At Elam & Rousseaux, PLLC, we can counsel you throughout the entire legal process and make sure we positively resolve your company vehicle claim. Contact our team right away to set up an initial consultation.