In cases in which a negligent driver was acting in the course and scope of his or her employment at the time of a serious East Tennessee car accident or fatal crash, the driver’s employer can be held vicariously liable for the harm that befell the accident victim. This is important because the employer is likely to have more financial resources (including a car accident liability insurance policy with considerably higher limits) than the at-fault motorist.
Obviously, the employer has an incentive to deny that the worker was “on the clock,” so to speak. However, simply denying the obvious will not go very far in avoiding a finding of liability for the employer.
In a recent case, both the employer and the employee (a father and son) denied that the employee was still acting on behalf of the employer when he crashed the employer’s car and killed a woman. Instead, they argued that the employee had planned to stop off and pick up a pizza, thereby deviating from his task and interrupting the chain of events that would have resulted in a finding of vicarious liability. Fortunately for the woman’ surviving spouse, the appellate court reversed the trial court’s summary judgment order and remanded the case for further proceedings.