Injured by Someone Driving for Work?

Car accidents are distressing enough on their own, but when you're hit by someone who was driving for work, the legal intricacies increase dramatically. Unlike typical car accidents, crashes involving employees driving as part of their job responsibilities may involve additional liable parties, including the employer. 

If you or a loved one has been injured in such an accident in Michigan, understanding your rights and legal options is crucial to receiving the compensation you’re entitled to. At Schefman & Associates, PC, in Bloomfield Hills, Michigan, our attorneys have spent decades representing thousands of clients injured in car accidents across the state. 

We understand the unique challenges that arise when a work-related vehicle is involved and are here to help you understand your legal options and pursue the full compensation you’re entitled to. Here, we’ll explore what happens when you're injured by someone driving for work and how Michigan law treats these cases.

Work-Related Driving Accidents

Not everyone driving a vehicle for work is operating a company car or wearing a uniform. Many employees use personal vehicles for work-related tasks such as deliveries, client visits, or even rideshare driving. When these drivers cause an accident, determining who is legally responsible becomes more complicated than in a standard crash.

In Michigan, which operates under a no-fault insurance system, your initial medical expenses and lost wages will generally be covered by your own Personal Injury Protection (PIP) insurance. 

However, if your injuries are severe enough to meet the threshold for a third-party claim, such as permanent disfigurement or serious impairment of bodily function, you may be entitled to sue the at-fault driver, and possibly their employer, for additional damages like pain and suffering.

When Is an Employer Liable?

One of the most significant aspects of being injured by someone driving for work is the potential for employer liability. Under the legal doctrine of respondent superior, an employer can be held responsible for the actions of an employee if those actions occurred within the "course and scope" of employment. Here are some factors that courts consider:

• Whether the employee was performing job-related duties at the time of the accident

• If the employer benefited from the employee’s actions

• Whether the accident occurred during regular working hours or on a designated work route

For example, if a delivery driver hits you while making scheduled stops, the employer may be liable. On the other hand, if that same driver was running personal errands or making an unauthorized detour, employer liability might not apply.

A skilled car accident lawyer can help gather the necessary evidence, such as GPS data, work schedules, or company policies, to establish whether the driver was acting within the scope of employment at the time of the crash.

Independent Contractors vs. Employees

Another potential challenge arises when the at-fault driver is considered an independent contractor rather than a traditional employee. Employers are generally not held liable for the actions of independent contractors. However, there are exceptions. For example, companies may still be held accountable if:

• They failed to properly vet the contractor’s driving record

• The contractor was hired for inherently dangerous work

• The company exercised significant control over how the contractor performed their job

This distinction is particularly relevant in the gig economy, where rideshare drivers for companies like Uber or Lyft are classified as independent contractors. While this can limit direct employer liability, Michigan law does require rideshare companies to carry substantial insurance coverage, which may still provide compensation to accident victims.

Consulting with an experienced car accident lawyer can help you work through these distinctions and identify all potential sources of compensation.

Insurance Coverage and Third-Party Claims

Michigan's no-fault insurance system limits your ability to sue, but if your injuries meet certain criteria, you can file a third-party claim against the at-fault driver—and possibly their employer. In cases involving commercial or work-related drivers, multiple insurance policies may be in play:

• The at-fault driver’s personal auto insurance

• The employer’s commercial vehicle insurance

• General liability policies held by the employer

• Supplemental coverage (like umbrella policies)

• Rideshare-specific insurance policies (in the case of Uber/Lyft)

Each policy comes with its own limits, exclusions, and requirements. Understanding these insurance layers can be challenging, which is why working with a knowledgeable car accident lawyer is often essential. Your attorney can coordinate claims, communicate with insurers, and make sure no potential avenue for compensation is overlooked.

Steps to Take After the Accident

Being involved in a car accident is disorienting, especially when you're dealing with injuries and liability issues. Taking the right steps early can significantly improve your chances of receiving fair compensation. Here’s what to do if yu’re injured by someone driving for work:

1. Seek medical attention immediately: Your health should be your top priority. Even if injuries seem minor, get evaluated by a medical professional to document your condition.

2. Report the accident: Notify the police and file an official accident report. This report will be a key piece of evidence in your case.

3. Gather evidence: Take photos of the vehicles, the scene, and any injuries. Collect contact information from witnesses and the other driver.

4. Notify your insurance company: Michigan’s no-fault system requires you to inform your insurer promptly to start the PIP benefits process.

5. Consult a car accident lawyer: Don’t try to handle these challenging cases alone. A car accident lawyer can assess your situation, preserve evidence, and protect your rights.

Following these steps can make a critical difference in the outcome of your claim. The sooner you act, the stronger your case will be when pursuing compensation for your injuries.

Compensation You May Be Entitled To

If you’re injured by someone driving for work, and your injuries are severe enough to qualify for a third-party claim, you may be entitled to compensation beyond what PIP covers. This may include:

• Medical expenses not covered by PIP

• Lost wages beyond PIP limits

• Loss of future earning capacity

• Pain and suffering

• Emotional distress

• Permanent disability or disfigurement

• Loss of consortium (for spouses)

The total amount you may recover depends on the severity of your injuries, the insurance available, and the strength of your case. A seasoned car accident lawyer will help you evaluate the full extent of your losses and fight for the compensation you’re entitled to.

How Michigan’s No-Fault Law Affects Your Claim

Michigan’s no-fault law was significantly reformed in 2019, and understanding these changes is vital. While the basic structure still requires drivers to first turn to their own insurance, new policies now allow drivers to select different levels of PIP coverage, which can affect how much medical care is reimbursed.

In cases involving someone driving for work, the type and amount of PIP coverage both you and the at-fault driver have can impact your options. In some situations, you may need to file a lawsuit just to obtain necessary medical care. An experienced car accident lawyer can review your coverage and help determine the most effective strategy moving forward.

Contact Schefman & Associates Today

Schefman & Associates' attorneys are your strongest ally in pursuing compensation and holding responsible parties accountable if you’re injured by someone driving for work. Schefman & Associates, PC serves clients in Wayne County, Oakland County, Macomb County, Washtenaw County, and Genesee County. If you or a loved one has been injured by someone driving for work, contact us today for a consultation.