If an employee hits you while driving a company vehicle in Pennsylvania, the driver may not be the only person responsible. The employer could also face liability when the driver was acting within the scope of the job. In some cases, the business’s own actions can create separate liability.
When can an employer be responsible?
Under Pennsylvania law, an employer may be responsible for an employee’s negligence when the driver was acting within the scope of the job. This is known as respondeat superior.
Factors may include:
- Whether driving was part of the employee’s work
- Whether the trip occurred within an authorized time and place
- Whether the trip served the employer’s business
For example, a driver making deliveries or traveling between work locations could be acting within the scope of the job when a crash occurs.
What if the employee was on a personal trip?
Company ownership of the vehicle does not automatically make the employer responsible. If the driver was using the vehicle for personal reasons, how far they departed from their work duties may matter. A substantial personal trip may fall outside the scope of employment.
Work schedules, delivery records, dispatch messages and the purpose of the trip can help show whether the drive was work-related.
What if the company allowed an unsafe employee to drive?
A business can face a separate claim if it allowed someone to drive when it knew or should have known that doing so created an unreasonable risk of harm. This is known as negligent entrustment. Relevant facts may include licensing problems or a known history of unsafe driving.
Why identifying the driver’s work purpose matters
A company vehicle alone does not establish employer responsibility. Where the employee was going, why they were driving and what the company knew about the driver may all affect who may be liable. An attorney can review employment, vehicle and trip records to determine whether another responsible party should be considered after the crash.