After a Virginia motor vehicle accident, those who were injured in the collision can pursue a claim for compensation against the parties whom they believe were responsible for causing the accident. In almost all cases, Virginia car accident lawsuits are filed against another motorist and are defended by the motorist’s insurance company. However, Virginia accident victims should not assume that the only liable party is the other driver; it may be that the driver’s employer is also responsible for any injuries.
Under the doctrine of respondeat superior, a Virginia accident victim can pursue a claim for compensation against a negligent motorist’s employer. To establish such a claim, a plaintiff must show that 1.) there was a “master and servant” relationship between the motorist and the employer, 2.) that the employee was acting within the scope of his employment at the time of the accident, and 3.) the employee was in the process of carrying out his employer’s business. A recent state appellate decision illustrates the type of scenario where employer liability may be appropriate.
The Facts of the Case
According to the court’s opinion, the plaintiff was injured while he was riding as a passenger in a pick-up truck that was being driven by his father. The accident was allegedly the plaintiff’s father’s fault and occurred while the two were driving to a family reunion. The truck that the plaintiff’s father was driving was provided by his employer, the defendant.