(916) 442-0000
Call For Free Consultation
9:00am - 5:00pm
We Are Open Mon - Fri




Employers May be Liable For Car Accidents That Occur During Your Commute



A recent case found that an employer was liable for a car accident caused by one of its employee’s on the way home from work. In the civil negligence lawsuit, a man – Majid Moradi sued an insurance salesperson – Judy Bamberger -and her employer after she hit Moradi with a company vehicle on her way home from work. Bamberger had stopped to get a frozen yogurt on her way to yoga class and collided with Moradi’s motorcycle as she was pulling into the yogurt shop.

If you have suffered injuries in a car accident or motorcycle accident, it’s important to consult with an experienced Ione personal injury lawyer. A skilled Ione personal injury attorney can evaluate your injuries and prepare a detailed strategy to help you recover all the damages you deserve.

While generally an employer will not be found responsible for accidents that occur during an employee’s commute to and from work, some exceptions exist. Here, the Second District of the California Court of Appeal determined that an employer was liable for damages and injuries to a third party where “an employee is required to use his/her personal vehicle for work and the use of the vehicle gives some incidental benefit to the employer.”

In this instance Bamberger used her personal car to attend off-site appointments and meetings two to five days a week. Further, on the day of the accident she used her own car during regular work hours to drive herself and her co-employees to a company-sponsored program. She also planned to drive her own car the next day to meet a prospective client. Based on these facts, the court found that the employer received an incidental benefit from the use of the car.

Additionally, Bamberger’s stop for yogurt was necessary for her “comfort, convenience, health, and welfare.” Even though this stop was strictly personal, that fact alone didn’t make it outside the scope of his or her employment. The court added that stopping at home first would have been “unreasonable and inconvenient” for her.

Based on all of these facts, the court determined that the employer could be held responsible for Moradi’s damages. Because motor vehicle accidents often are much more complicated than appear on the surface, it is critical you contact an experienced Ione accident lawyer and personal injury lawyer immediately if you or a loved one has been injured.





_____________________


IF YOU OR A LOVED ONE HAS BEEN INJURED IN AN AUTOMOBILE ACCIDENT,
IT IS IMPORTANT TO PROTECT YOUR LEGAL RIGHTS.

CALL OUR Ione PERSONAL INJURY LAWYER
Frederick J. Sette AT (916) 442-0000


OR TEXT TO 1-888-516-6262
OR CLICK HERE >> FOR A
FREE CONFIDENTIAL CAR ACCIDENT liability CASE EVALUATION





Personal injury lawyer Sette Law Logo
Sacramento Personal Injury Attorney Disclaimer

This website is for general information only about personal injury attorneys and does not constitute a client/lawyer relationship. If you believe that you are entitled to personal injury compensation, contact Frederick Sette. He is an experienced Sacramento personal injury and car accident attorney who is devoted to protecting victims of personal injury in Fairfield, Modesto, Sacramento, Stockton, Napa and surrounding California cities.

Privacy Policy




Member Of
Consumer Attorney Association of Los Angeles
American Bar Association
American Association for Justice
Consumer Attorney of California
Sacramento Office
1700 I Street, Suite 120
Sacramento, CA 95811

Phone: (916) 442-0000
Fax: (916) 442-0001


Stockton Office
4568 Feather River Dr, Ste C
Stockton, CA 95207

Phone: (209) 464-7700
Fax: (209) 833-1700


Texting
1-888-516-6262

Toll Free
(833) 904-9040

Quick Contact
 
 
Captcha