Throughout the career of a hard-working Michigan personal injury lawyer, it is likely to see claims of accidents caused by drivers who are not paying the utmost attention to the road. However, the situation becomes increasingly complicated when the car that caused the accident was a company vehicle–then, not only is the driver at fault, but so is the driver’s employer.

In recent years, personal injury claimants, as well as their personal injury attorney, have been pursuing lawsuits against both the driver of the company car, as well as the employer. In 1999, a motorcyclist was killed by an attorney who was on his company cell phone discussing sensitive legal matters with another lawyer. Because the attorney driving the car was using company resources, the firm paid the $500,000 wrongful death lawsuit settlement. A more recent example occurred in 2007, when an International Paper employee rear-ended a woman resulting in the loss of her arm. As the driver who hit her was in a company car using his business cell phone at the time of the car accident, International Paper was responsible for the multi-million dollar payout

As seen by the few examples above, employers are often held liable for personal injury caused to another due to their employee’s negligence while on company business. However, this could also hold true if the employee who caused the car accident was in a company car or in a personal vehicle. The real test for the court is whether the driver was engaged in “distracting” company business matters when the accident occurred. Additionally, if the company encourages or expects this type of business activity while in the car, then it could increase the likelihood that the organization will be held liable.

Basic agency law maintains that an employer is responsible for the torts that are caused by its employees if the worker was acting within the scope of his or her employment at the time. Additionally, many personal injury attorneys successfully argue that the employer is directly responsible for the negligent activities of their employer because they failed to implement proper practices or training techniques to prohibit this dangerous behavior.

The Law Offices of Bredell and Bredell encourages all drivers to pay attention to the road while driving, and to not use cell phones. Distracted driving can cause car accidents resulting in severe personal injury or death. Devastating injuries such as these can be life changing and have irreverseable consequences. For the best legal advice and legal representation, it is important to contact Bredell and Bredell,  experienced Michigan personal injury attorneys.