Every driver has a responsibility to look out for the safety of other people on the roadways. In many instances, car accidents are a result of a person dividing their attention between driving and some other activity like texting, talking to passengers or eating. In addition, speeding and failing to obey traffic signs or signals are also common causes of car accidents.
In West Virginia, any accident victim can have legal rights to recover compensation for accident damages from the responsible person. This means that many accidents lead to injured people filing a lawsuit against the person that caused the accident. In some situations, however, the injured person may have a legal claim against a negligent driver's employer.
In a recent lawsuit, a man alleged that an employee of a Charleston hotel caused the plaintiff bodily harm and property damage. According to his lawsuit, the man says that the hotel employee was driving recklessly and negligently, which caused the collision. Moreover, the plaintiff has also named the hotel owner, BBL Carlton Charleston House L.L.C., as a defendant in the lawsuit.
When an employee's negligence causes damages to others, the employer will have liability for those damages if the employee's negligence occurred during the scope of employment. In other words, if the employee was doing something job-related at the time of the accident, the employer may be liable for the ensuing damages. In this case, the plaintiff will likely try to show that driving was part of the hotel employee's job, and that he was carrying out his duties at the time of the accident.
Any time a car accident victim is thinking about filing a legal cause of action, that person should first understand all of the parties that might be liable for their damages.
Source: The West Virginia Record, "Man files suit against hotel, employee after traffic accident," Melody Dareing, April 28, 2014