Generally, California law clearly states that if an individual is driving a vehicle to perform work duties or to do something for his/her employer, then the driver’s employer is liable for any injuries resulting from a car accident where the employee was at fault.
However, the First District of California recently decided an employer was not vicariously liable for an employee’s negligence in causing a car accident where she did not use her car for work, and she was not acting within the course and scope of her employment at the time of the accident, after she finished her shift, while she was driving home in her personal vehicle; neither the nature of the employee’s job as a security guard, nor her schedule working the overnight shift, created a special risk that she would injure or kill someone by falling asleep while driving home.
This decision was based on a particular set of facts so it may not apply in your situation. If you have a situation that is similar to this, please give us a call to determine the best next steps.
To read the opinion please click – Feltham v. Universal Protection Service – filed March 30, 2022, First District, Div. Three
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