In New Mexico, you have the right to file an insurance claim or personal injury lawsuit against the person or party responsible for causing the car accident. However, fault is not always simple. It can belong to more than just the at-fault driver if he or she was working for an employer at the time of the crash. According to the doctrine of vicarious liability, employers can be liable for accidents caused by their employees in certain situations.
What Is the Rule of Vicarious Liability?
New Mexico uses a doctrine known as vicarious liability when an injury case involves an employee who was “on the clock” or driving for work-related reasons at the time of the accident. Vicarious liability holds a separate party liable, or legally and financially responsible, for the actions of another person because of their legal relationship.
Respondeat Superior
Under the principle of “respondeat superior,” which is Latin for “let the master answer,” an employer is responsible for the negligent or wrongful actions of its employee if the incident happens within the course and scope of the worker’s employment. If someone was driving for work when they caused an accident, their employer can likely be held vicariously liable.
Proving Employee Negligence
It is still necessary to prove negligence in a vicarious liability claim in New Mexico. As the plaintiff or injured party, it is up to you to prove that the worker was negligent or failed to use proper care and that this is what caused your car accident.
You must show the following:
- The motor vehicle driver owed you a duty of reasonable care.
- The driver breached the duty of care with a negligent act or omission.
- The driver’s breach of duty caused your car accident.
- You suffered real damages as an outcome of the crash.
These are the four elements of negligence. You or your car accident lawyer must show with evidence that the employee caused the car accident through an act of neglect or recklessness, such as speeding, distracted driving, drowsy driving or a traffic violation.
When Are Employers Liable for Employee Car Accidents?
Vicarious liability does not shift liability away from the negligent employee who caused the car crash. Instead, it adds a secondary party (and insurance provider) that can be held responsible for damages. Holding an employer liable can result in greater financial compensation for the victim by providing additional insurance coverage.
An employer can be held vicariously liable for a car accident in New Mexico if:
- The at-fault driver was an employee, not an independent contractor.
- The employee was driving the motor vehicle within the course and scope of his or her employment.
If the individual was driving for personal errands or while “off the clock,” the employer cannot be held liable. The employee must be performing job duties, traveling to a job site, driving for work, or otherwise serving the employer’s business or company for the doctrine of respondeat superior to apply.
Direct Employer Liability
Vicarious liability is not the only way to hold an employer legally responsible for a car accident in New Mexico. An employer or business can also be held directly liable if an accident arises from negligence by the employer.
Examples of employer negligence include:
- Negligent hiring or retention protocols
- Poor employee training or supervision
- Inadequate maintenance of a company vehicle
- Pressure for drivers to exceed hours-of-service regulations
- Federal safety rule violations
- Negligent entrustment of a vehicle
Employers have a responsibility to ensure the reasonable safety of their vehicles and drivers. Breaching this duty of care can result in the employer being responsible for paying for any resultant car, truck or delivery vehicle accident in addition to holding the at-fault driver liable.
What if There Are Multiple Defendants?
In many car accident cases, fault is not black and white. Collisions may involve the negligence and liability of more than one party. An employer and the employee may both be held responsible for your crash, for example. Under New Mexico Statutes §41-3A-1, pure several liability can apply in cases involving two or more wrongdoers.
Several liability means that two or more defendants will share fault, and each will be liable only for their own portion of the blame. If the plaintiff is at fault, as well, the rule of comparative negligence will apply to reduce the plaintiff’s settlement by an amount equivalent to his or her proportion of liability.
Your Rights if You Were Working at the Time of Your Car Accident
If you were an employee who was on-duty at the time of your car accident, you may be able to file a claim against the other driver, your employer or a third party. If your employer has workers’ compensation insurance, this can automatically cover your medical costs and partial lost wages without you needing to prove fault. However, you give up the right to sue your employer once you accept a workers’ comp settlement.
If employer negligence contributed to your accident, a personal injury lawsuit against the company may be a better option, as this could result in full coverage for your medical bills, lost wages, and pain and suffering. You may qualify for both types of claims if a third party (an individual or entity that is not your employer) is responsible, such as another driver or a part manufacturer.
How a Car Accident Lawyer Can Help
If you get hurt in a motor vehicle accident involving an on-duty employee in New Mexico, it’s important to understand and protect your legal rights. Get medical care for your injuries right away and document them for the record. Call the police at the scene to get an accident report. Then, when you’re ready to seek compensation, contact a qualified car accident lawyer.
A lawyer can help document your motor vehicle crash with evidence against the driver and/or the company the driver was working for at the time of the collision. Your attorney can go up against an employer and navigate the doctrine of vicarious liability on your behalf to maximize the compensation available to you.
Your lawyer will explore all potential sources of insurance coverage, coordinate multiple claims and handle negotiations with insurance adjusters. In the meantime, you can concentrate on your physical recovery and emotional well-being. For immediate assistance after an employee car accident in New Mexico, call The Fine Law Firm at (505) 889-3463 for a free consultation.