Hurt in a crash in a company vehicle in South Carolina? It is crucial that you know what to do to protect your rights and your interests, including how to prove negligence. Company vehicle accident claims can be especially complicated. There may be both a personal injury case and a workers’ compensation case. Here, our Charleston car accident attorney provides a guide to proving negligence in a company vehicle crash in South Carolina.
South Carolina is a Fault-Based Motor Vehicle Crash State
South Carolina follows a fault-based (tort) system for motor vehicle accidents, which means the party responsible for causing the crash is legally liable for resulting damages. To recover compensation, the injured party must prove that the other driver—or their employer—was negligent. If a company vehicle driver is at fault, both the driver and the employer may be named in the claim. Every company vehicle crash should be carefully investigated. You need to determine exactly what went wrong to cause the crash. The at-fault party bears liability for the damages.
What to Know About Employer Liability for Negligent Employee Driving
In South Carolina, companies can be held liable for accidents caused by employees driving company vehicles under the legal doctrine of respondeat superior. In other words, the employer may be responsible for the employee’s negligence if the crash occurred while the employee was acting within the scope of their job duties.
For example, if a delivery driver causes a collision while on a scheduled route, the employer may share liability. However, if the employee was using the vehicle for personal errands, the company may not be legally responsible. Establishing the employment relationship and confirming the work-related nature of the trip are foundational to proving that the company bears fault.
You May Have a Workers’ Comp Claim After a Company Vehicle Crash (Employee Rights)
If you were hurt in an accident while driving a company car in Charleston or elsewhere in South Carolina, you may be entitled to benefits through a workers’ compensation claim. The South Carolina Workers’ Compensation Commission explains that most employers in our state are required to provide no-fault workers’ comp benefits to their employees. You can bring a workers’ comp claim for a company vehicle accident without proving negligence.
Note: You can file a workers’ comp claim and a personal injury lawsuit against negligent non-employer third parties. You do not have to pick between these types of claims.
Get Help From a Charleston Company Vehicle Accident Lawyer Today
At Query Sauter & Associates, LLC, our Charleston car crash attorney has the professional experience that you can trust when it matters most. If you or your loved one was hurt in a company vehicle crash, please do not hesitate to contact us today for a free case review. We go above and beyond to fight for justice for injured victims. With an office in Charleston, we fight for justice for injured victims throughout the region in South Carolina.