Should I hire an attorney for a personal injury case that involves an accident with a company vehicle even though they have insurance in Ohio?
If you have been involved in a car accident involving a company vehicle, you may be concerned about your ability to recover damages. You may feel overwhelmed by the complexity of your legal situation, but you should realize that personal injury lawyers can arrive at a solution for your case.
There are several steps involved in determining whether you have a valid legal claim against someone who was using a company car and who has insurance in Ohio. Here are some of the steps that must be taken in your case in order to determine whether you may bring a claim against a party who is at fault.
If you have any questions or concerns about your case, then feel free to get in touch with a personal injury lawyer. Personal injury lawyers can determine the next step in your case if you find that you are stuck or do not know whether you should file a claim. In most instances, a case can be settled outside of court with the insurance company. Personal injury lawyers can decrease the amount of time it takes to handle your case by settling it outside of court.
Determining the Liability in Your Case
If you were involved in a car accident involving a company car, than a lawyer will have to determine the appropriate parties to sue. An employer may be sued under the legal doctrine of vicarious liability. This legal doctrine enables a plaintiff to recover directly from an employer for the negligent acts of an employee that occurred in the course of employment. This means that an employee must have been driving the company car for a purpose that was associated with his or her employment.
Part of determining whether the employer can be sued is assessing whether the employee was on a “frolic” or a “detour.” These are legal terms that will have a great impact on your ability to recover damages. A “frolic” means that an employee was taking a short trip outside of employment, such as a stop at a gas station for cigarettes or stop at a fast food restaurant. The employer is still liable in this instance. A “detour” means that the employee deviated and made a trip that was outside of the scope of employment. He or she may have taken a few hours to visit with a friend at a bar, and this would fall outside of the scope of employment. The employer would not be liable in this case.
If you pursue a lawsuit against the employer and are successful, then the employer can sue the employee for indemnification.
Determining the Appropriate Jurisdiction
One of the other issues that you must face is the determination of the court with the appropriate jurisdiction. If the case arose in Ohio, then Ohio will likely have jurisdiction over the case. If the case arose in a different state, then you still may file a lawsuit in that other state. Even if the other party has insurance in Ohio, you may continue with a lawsuit against the person in the state in which the accident arose.