What Is A Car Accident “On The Job”?

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    Car Crash
    April 3 2020

    Did You Get into a Car Accident On the Job?

    According to Forbes, more than one third of Americans are in the gig economy. That’s 57 million U.S. workers! Between the gig economy and more flexible job opportunities, more workers are driving their own vehicles when on the clock. Whether you’re driving to pick up some office supplies or you’re driving for a ride-share service like Lyft, there are many ways you could be using your own vehicle while “on the job.” Maybe you own your company and only have one vehicle to drive for both personal and business use. So how do you know if you were on the job? How do you know who is responsible if you get into an auto accident while on the job?

    Paramedics providing first aid

    According to the National Safety Council, Nevada has seen a drop in car accident fatalities last year. Fortunately, people are a little safer on the roads. However, accidents still happen. If you get into a car accident on the job while driving your personal vehicle, there are certain precautions you need to take.

    Defining “On the Job”

    There can be a lot of gray areas regarding what equals “on the job” as it relates to you driving your own vehicle. For example, what if you leave work because your boss needs you to drop off some paperwork at a client’s office. Or, what if you are required to have a car for work because of the nature of your job. You travel from business to business in order to accomplish your job.

    If you get into a car accident driving your own vehicle in these scenarios, is your employer or are you responsible? The answer isn’t clear. The best way to approach this type of accident, or any kind of car accident, is to speak with a professional lawyer. They can help sift through the details of your case to figure out who is liable.

    Many employers have insurance coverage for employees who use their own vehicles for work. However, there is no guarantee. Depending on the size of the company, how management is run, and their operations budget, an employer may or may not cover its employees.

    Vicarious Liability

    This legal term, “vicarious liability,” refers to the attachment of responsibility to a person for damages or harm caused by another person. In other words, an employer can be held liable for an employee’s negligent actions while traveling for work. Vicarious liability can protect the employer. However, this would need to be proven.

    Insurance Coverage

    Most likely your own car insurance will cover any damages or injuries. But what if you don’t have car accident insurance? What if you don’t have enough coverage? This is why seeking professional legal advice is one of the most important things you can do after getting into a car accident on the job.

    Steps to Take After a Car Accident on the Job

    Regardless of why you were driving, the steps you need to take immediately following a car accident are going to be mostly the same. First and foremost, make sure you are physically taken care of by seeking medical attention. Secondly, document as much as you can about the accident. Finally, get legal advice.

    As you read our tips to help you take control of your accident situation, remember that you don’t have to go it alone. In fact, it’s always a better idea to get a personal injury lawyer involved when you’ve become the victim in a car accident in the Las Vegas area. Give our law firm a call (702-857-6000) and schedule a free consultation. We’ll determine if you have a case and go over the steps we’ll take to represent you. Don’t wait. You’ll need all the time available to you, so we can work on your behalf, should we find you have a case. Call Anthem Injury Lawyers today: 702-857-6000.

    Call 911

    If you are well enough to do so, call 911. If you are seriously injured, have someone else call for you. If police arrive, get the police officer’s name and badge number for your records.

    It is important to contact 911 to get an official accident report. This report will be an important document when filing your personal injury claim. Some car insurance companies won’t cover a claim if there isn’t a police report.

    Remain at the accident scene

    Leaving the scene of the accident if the other party is also injured could be seen as a hit-and-run. Avoid potential criminal charges and stay at the scene until it’s appropriate to leave.

    Move to a safe area

    If you can safely do so, move your car out of traffic or harm’s way. Move to a place like the shoulder of the road or a parking lot. However, if you or the other driver was seriously injured, leave your car as it is. Do not worry about the car until a medical professional arrives at the scene of the accident.

    Record information

    Write down or photograph the license plate number, the year, make, model, and color of all vehicles involved in the accident.

    Photograph any damage to your vehicle as soon as possible. These photographs will help your insurance company determine how much of the damages they will cover.

    Record as much information about the car accident that you can. For example, write down street names, the direction you were driving, the direction the other vehicle was driving, and road conditions. Also include as many details as you can. Record details like the day, date, and time of the accident, the color of any traffic signals, the weather. Try to estimate your and the other driver’s speed.

    Exchange information

    Write down or photograph the other driver’s insurance company information, registration, and driver’s license number.

    Get contact information for everyone involved, especially the driver of the other vehicle or vehicles in the crash. Make sure to get contact information for any potential witnesses. If you go to trial, these witnesses can help build your case.

    Never admit fault

    Even if you think the accident was your fault, do not admit this to the other driver or to law enforcement. Even apologizing can be misinterpreted as an admission.

    Never admit that you are hurt

    If you think you aren’t injured, do not tell the other driver. Insurance companies could use this as an excuse to minimize your compensation. Some injuries, like whiplash, concussion or soft tissue injuries, are not immediately apparent.

    However, if you are asked whether or not you are hurt do not lie. You can say you don’t know and will be seeking medical attention if necessary.

    Document your injuries

    Take photographs of any visible injuries you sustained from the auto accident. If you are unable, have someone else take pictures of your injuries.

    If you seek medical attention, have the nurse or doctor take pictures of your injuries.

    As soon as you can, record where and what hurts from the accident. The more information you have, the better chance a personal injury lawyer has at getting you the settlement offer you deserve.

    Experienced Las Vegas Car Accident Attorneys

    If you or a loved one has been in a car accident on the job in the State of Nevada, you should speak to an experienced personal injury attorney who is licensed in Nevada as soon as possible. They can help you determine if you need an accident reconstruction specialist, and other steps to take next. You may be tempted to work out the situation on your own, but for best results, put your Las Vegas car accident case in the hands of professionals who have worked on cases similar to yours, and who know how to navigate through to a successful outcome. This is the level of professionalism and in-depth knowledge you need to win your car accident case. The law firm of Anthem Injury Lawyers has a dedicated team of car accident lawyers and staff. They are ready to help protect your rights and work to get you the compensation you deserve for your injuries.

    We offer free case evaluations. Our office is conveniently located in Henderson. However, we work with clients all over the Las Vegas Valley, including North Las Vegas, Summerlin, Spring Valley, Anthem, and the Strip.  Contact us today for a free consultation at (702) 857-6000.

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