If you are in a car crash that was the fault of another driver, and that driver was driving on behalf of his employer, the employer may be liable for your injuries. That is true whether the employee was driving his vehicle or his employer’s vehicle. Under the principle of vicarious liability, Illinois law holds employers responsible for the negligent acts of their employees when employees are acting “in the course of employment.”
A company may try to avoid responsibility for the driver’s negligent actions by claiming the employee was not acting within the scope of employment. Even if the corporation proves the person was not acting within the scope of employment, you may still win your case if you can prove the employer was negligent in hiring, training, or supervising the employee.
Proving the Employee Was Acting Within the Scope of Employment
Illinois law has adopted the “Restatement of Agency” in determining whether a person acted within the employment scope. Adapting the requirements to a driver of a company car, the employee must:
- Be driving on behalf of the employer when the accident occurred;
- The accident must have occurred “substantially within the authorized time and space” allotted to the task by the employer;
- The negligent driver was driving for a purpose that would in some way benefit the employer.
Courts have recognized possible defenses posed by companies trying to avoid responsibility. Common defenses include the driver being on a “detour” or “frolic.” The court must determine whether a driver was acting within the scope of employment. A detour is a slight deviation from the employer’s instructions. A frolic is when the employee acts on his own and does not act on the employer’s behalf.
Examples of a detour: If a company driver is on her way to deliver a package for her employer and stops for a cup of coffee, then causes an accident as they are driving out of the parking lot, that is generally considered just a detour, and the employer is liable for the accident.
Examples of a frolic: A company gives its employees cars to drive for sales calls and encourages them to take potential clients out to dinner and drinks. On the way home from such an event, the employee causes an accident. The employer will be liable for the accident because it occurred during employment. But, if the driver is on the way home from the sales dinner and stops off at a friend’s house for a couple of hours, then has an accident on the way home from the friend’s house, the company will likely not be liable since the driver had a “frolic” and was no longer working within the scope of employment.
Another unsettled situation is if drivers are driving their own car but using a cell phone provided by the employer while driving to a company meeting. If a driver is involved in a conference call related to company business, becomes distracted, and causes an accident, the employer will likely be liable for the damages.
On the other hand, if an employee is driving to another city for work, calls a friend or relative who lives in the destination city to arrange to meet, becomes distracted, and causes an accident, the employer may not be liable for the accident since the phone call was unrelated to employment. It may depend on whether or not the employer specifically instructed the employees that they could not use the cell phone for personal calls or if the employer should have known employees would use the phone while driving for personal phone calls.
Negligent Hiring, Supervision, or Training
Even if an employer succeeds in proving the employee was not acting within the scope of employment, employers may still be liable if you can prove they were negligent in hiring the employee. Employers are also responsible for adequately training their employees and supervising them. If you can prove the employer failed in its training or supervision, you may still be able to collect for your damages against the employer even if the employee was not driving within the scope of his or her employment.
An example of negligent hiring is if the employee, in the example of taking potential clients for dinner and drinks, stops on the way home for more drinks. On the way home from the second stop, the employee is involved in an accident and charged with his third DUI. The employer may be liable for the accident since hiring someone in that position with a history of DUIs was negligent.
Employee Drunk Driving and Employer Responsibility
Drunk driving is one of the most dangerous forms of negligent driving and can expose both employees and their employers to significant liability. If an employee operates a vehicle under the influence of alcohol while performing company duties or driving a company vehicle, the employer may be held responsible under the legal principles of respondeat superior (employer liability for employee actions) and negligent entrustment (allowing an unfit driver to use a vehicle).
Employers have a duty to take reasonable steps to prevent intoxicated employees from getting behind the wheel. This includes implementing and enforcing policies such as routine substance testing, mandatory driver training, and zero-tolerance rules for alcohol use during or prior to work hours. By setting clear guidelines and maintaining strict oversight, companies can help reduce the risk of accidents caused by employee intoxication.
When an employee causes an accident due to drunk driving, victims may pursue compensation not only from the at-fault driver but also from the employer. In these complex cases, investigating the employer’s policies, training, and oversight is critical to determining liability. If you or a loved one has been injured in an accident involving an intoxicated employee, speaking with an experienced attorney can help clarify your legal rights and potential claims for damages.
Contact Blumenshine Law Group Today
If you or a loved one has been injured by an employee’s negligent or drunk driving, you may have a right to compensation from both the driver and their employer. Our experienced attorneys at Blumenshine Law Group understand the complexities of employer liability—and we’re ready to fight for you.
Call us at (312) 766-1000 or fill out our online contact form to schedule a free, no-obligation consultation and learn how we can help protect your rights.