Many Wichita workplaces require employees to have a valid driving license so they can run errands in the company vehicle. Accidents happen, but having an accident in a company vehicle can bring up a different set of questions, namely who is responsible for the damage.
Employers are vicariously liable for the actions of their employees during the span of their employment. Because of this, if you have an accident in the company car while acting in the course of your employment, your employer is liable. However, it is not always clear whether the employee was acting in the “course of employment.” When this happens, it must be determined whether the employee was on a “frolic” or a “detour.”
Frolic or Detour
When an employee strays in their acts, but is still acting within the scope of the job, it is called a detour and the employer is still liable. However, if it is determined that a employee frolics, the employer is not held liable. For example, an employee meeting his friends for lunch and wrecks the vehicle, it is considered a frolic since the employee was not fulfilling a job requirement. But if an employee reroutes to get gas for the company vehicle and has an accident, it is considered a detour.
Liability in a company car can be confusing, especially if frolic v. detour is presented. If you have questions regarding an accident in the company vehicle, you may need to contact a Wichita car wreck attorney.
At Ray Hodge & Associates, we believe in personal injury handled personally. At our office you see a lawyer from the very first meeting because we believe your case deserves an experienced personal injury attorney right from the start.
If you have had a Kansas car wreck injury that was not your fault and need medical treatment, you need an experienced professional who can help you get back on the road to recovery. Call us today at 316-269-1414 or visit our contact page here. Our Kansas personal injury attorneys will provide you a free initial consultation and if we take your case you don’t pay a dime unless we recover money for you. Even then we only take a percentage of the total amount of your recovery.
If you have questions on what you should be looking for when you are making a decision to hire a Kansas personal injury lawyer, read our article located here.
Ray Hodge & Associates proudly represents victims and their families across the state of Kansas, including Wichita, Andover, Derby, Goddard, Haysville, Mulvane, Rose Hill, Newton, El Dorado and Hutchinson. Call today for a free consultation all over the state of Kansas. We have proudly served clients in Sedgwick, Butler, Sumner, Harvey, Kingman and Reno Counties.