New Orleans is one of the oldest and most historic cities in the United States. Its culture and charm bring in more than 18 million tourists every year, and as a central metropolitan hub, this bustling city is also a popular area for work-related visits for local companies.
But because of New Orleans' growing population, it's not uncommon for motor vehicle accidents to happen. If you've been in a vehicle accident with a company car in or around the city, then you need to call the expert New Orleans company vehicle accident attorneys at Schwartz Law.
Company Car Accidents in New Orleans
Unfortunately, traffic accidents are no stranger to the visitors and residents of New Orleans. In fact, they are on the rise in the city. Some possible contributing factors may be hours of traffic delays, no full cell phone bans, legalized medical marijuana usage, and high rates of unsafe driving behaviors.
Like many other states, Louisiana requires liability insurance. Liability insurance is there to protect you and the other driver in case of an accident. However, Louisiana is also an at-fault state, which means that the driver who caused the auto accident must use their insurance to pay for the other driver's bills.
Of course, not every accident in a company car is so black-and-white. Anybody who gets into a company car accident can approach it in one of three ways:
File a claim with their
File a third-party claim
directly with the at-fault
driver's insurance carrier
File a personal injury
lawsuit against the
If you need an expert auto accident attorney in Metairie and Baton Rouge, then Schwartz Law Firm can help you today. They will represent your case fairly so that you get the outcome you deserve—no matter the circumstances of your New Orleans accident.
Filing a Company Car Accident Injury Claim
Driving a company car is useful when on business. This way, you don't add mileage to your own car and gas isn't paid for out of your pocket. But even when you do your best, sometimes car accidents are unavoidable.
To make matters more complicated, filing a car accident injury claim for your company car can be a long and daunting process. Before you get started, let's first take a look at who's liable and whether or not you need a personal injury lawyer.
Who Is Liable for an Accident in a Company Vehicle?
If you're at fault for a car crash that occurred while driving a company car, then you might wonder if company car accidents are any different from regular car accidents.
More often than not, the accident may fall under respondeat superior or vicarious liability. These terms mean that the company is responsible for the employees' actions while the employee acted within the scope of their employment.
In other words, “acting within the scope of their employment” means that as long as the person driving a company car is employed by the company, the employer is responsible for the actions of the employee, and therefore must cover any injury or property damage costs.
However, there are instances where the employee becomes liable for the car accident. This means that the company doesn't have to take any blame, although they must be under very specific circumstances, such as:
- If the employee used the company car for criminal activity
- If the employee used the company car to go on a “frolic” or “joy ride”
- If the employee used the vehicle for non-business activity, like running personal errands or personal business
- If the company vehicle driver is an independent contractor
Do I Need a Personal Injury Attorney for an Accident in a Company Vehicle?
Most of the time, the employer's insurance company will help cover any costs associated with an accident in a company car, even if you were at fault. But if you were involved in an accident that has caused damage to your car beyond the insurer's capabilities, or if an injury has led to a change in your lifestyle and daily activities, then it's time to call an attorney to handle your personal injury claim.
Experienced vehicle accident lawyers in New Orleans are well-versed in at-fault law, which means they can better get you the best outcome possible.
New Orleans Car & Truck Accident Lawyers
Dealing with the aftermath of a company car accident is no walk in the park. The good news is that you don't have to do it alone: With more than 20 years of experience, Schwartz Law Firm is among the leading New Orleans car & truck accident lawyers.
At Schwartz Law, we offer dedicated and personalized service so that you feel comfortable while we work your case promptly to fight for what you deserve. If you've been involved in an accident and need an advocate, then contact us to get a free consultation and case evaluation today.