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Determining liability when hurt on the way to work

On Behalf of | Oct 11, 2021 | Personal Injury |

You were driving to work in the morning rush when your worst nightmare became reality. A vehicle in the other lane suddenly merged into you, and you had nowhere to go. As a result, you slammed on your brakes, were struck by the vehicle next to you and were hit from behind.

After multiple vehicles were involved, you ended up going to the hospital with serious injuries. Now, you’re questioning how you can get compensated. Should you ask your workplace, since you were in route to your job, or should you look to pursue a claim against the at-fault driver?

Crashes off the clock

When you’re off the clock, you shouldn’t expect to make a claim against workers’ compensation if you’re in a collision. On the other hand, if you’re driving for work, such as if you’re making a delivery, then you would pursue a claim for any accidents through workers’ compensation insurance.

Since you were only on your way to work and were not in the process of doing a job for your employer, it’s safe to say that you should look into pursuing a claim against the at-fault driver instead of your employer, even if you were in a company vehicle.

Who is to blame for your collision?

The person responsible for the collision will be the driver who caused the crash, but you may also be able to make a claim against other entities such as:

  • The other party’s employer, if they were in a company vehicle and working at the time
  • Mechanics who made mistakes leading to the collision
  • Manufacturers of a vehicle if defects resulted in the crash

You may also be able to hold other people responsible, such as construction workers who caused the driver next to you to swerve into your lane or other parties who influenced the collision.

People get into crashes every day, and figuring out who is liable for those collisions can be difficult. If you aren’t sure who to make a claim against, you’re not alone. Your priority should be to get medical care, and then you may want to look into learning more about the legal options open to you.