A fatal crash involving a company vehicle can raise difficult questions about who is responsible. While you are dealing with grief and unexpected loss, you may also need to understand whether the driver was working at the time of the crash. In Indiana, the employer might share responsibility if the driver was carrying out job duties or acting for the business.
When work duties lead to a fatal crash
The purpose of the drive is one factor that may affect whether the employer shares responsibility. For example, the driver may have been making a delivery, visiting a customer or traveling between job sites. Courts also look at the worker’s duties, the employer’s instructions and the amount of control the employer had over the trip.
Ownership of the vehicle does not settle the issue by itself. A worker who uses a company vehicle for a personal errand may not be acting for the employer. In contrast, an assigned work trip could link the crash to the business.
How records may show company responsibility
Work records may help explain why the driver was on the road. A schedule, route sheet or dispatch record could show whether the employer assigned the trip. Company vehicle rules might also explain when workers could use the vehicle.
Other records may help fill in the details. GPS data could show where the vehicle traveled and when. Messages or receipts might help explain the purpose of the drive. A witness may also know whether the driver was still working when the crash occurred.
Prepare for the next steps
You may not know right away whether the employer shares responsibility for the crash. Learning why the driver was using the vehicle and saving records about the trip could help clarify who was involved. You might consider keeping the crash report and any details you receive about the driver’s job or employer. This information may help your family understand what happened and decide what steps to take next during a difficult time.