Understanding “Off the Clock” and Vicarious Liability
“Off the clock” refers to times when employees aren’t performing work duties or are outside their employer’s control. This includes lunch breaks, commutes, and personal time. Generally, employers aren’t liable for what happens during these periods. However, the legal principle of vicarious liability can change this.
Vicarious liability means employers can be held responsible for their employees’ actions if those actions occur within the scope of employment. This can apply even when employees are using company vehicles for personal use, especially if the vehicle is branded with company logos.
Scenarios Where Employers May Be Liable
- Personal Use of Company Vehicles: If an employee has permission to use a company vehicle for personal reasons, the company may still be held liable for accidents.
- On-Call Situations: Employees expected to handle work emergencies during off hours can pose a liability for the company if an accident occurs.
- Work-Related Errands Outside Regular Hours: If an accident happens while completing tasks at the employer’s request, even outside normal work hours, the employer could be liable.
What This Means for the Employee
If you’re an employee using a company vehicle, be aware of your responsibilities, even during personal use. If you’re hit by someone driving a company vehicle, the company may be liable, especially if the driver was performing work-related tasks or using a visibly branded company vehicle.
The “Going and Coming” Rule
Washington State has a “going and coming” rule, which generally states that a company is not liable when its employee causes a collision while commuting to or from work. However, there are exceptions to this rule, and each case is unique.
Independent Contractors vs. Employees
Companies often try to protect themselves from liability by labeling workers as “independent contractors.” However, the label doesn’t matter as much as whether they fit Washington’s legal definition of an employee or agent. This can be particularly relevant for rideshare drivers or delivery personnel.
Conclusion
The line between personal and work-related use of company vehicles can be thin. If you find yourself in an accident involving a company vehicle, whether as an employee or as someone affected by such an accident, it’s crucial to understand your rights and potential liabilities. You can always learn more on the Washington State Legislature website.
At the Law Offices of Michael Clark, we have extensive experience handling complex car accident cases, including those involving company vehicles. Our team can help you navigate the intricacies of vicarious liability and ensure your rights are protected.
If you’ve been involved in an accident with a company vehicle, don’t hesitate to reach out. Contact the Law Offices of Michael Clark today for a free consultation. Let us help you understand your options and fight for the compensation you deserve.