Atlanta, Georgia Commercial Vehicle Attorneys

Generally, yes – if the driver is working within the scope of his or her employment when the accident happens. In some businesses, the owner is the only one who drives the van. But in other businesses, the company owns one or more vans, and its employees operate them on the roads. Under the legal theory of “vicarious liability,” the employer can be held liable when an employee’s negligence causes another person to be injured. This rule applies whether the injured party is another driver, a pedestrian, or a passenger in the van being operated by the employee. In certain situations, the employee may also be liable. 

Whether the business can be held liable for the actions of its employee while driving is not always straightforward. Generally, any time someone is performing any duties related to work, the person is considered “on the job”—even if they are also doing personal business or driving a personal car. 

If the driver who caused the accident was working as an independent contractor at the time, the company that hired them may not be legally responsible (as an employer would be). To determine whether the company can be held responsible, the court would consider factors such as whether the vehicle was registered and licensed in the company’s name, whether the contractor had their own insurance coverage, and what type of control the company had over the contractor’s work and schedule.