When you’re harmed in a collision caused by another driver, your first instinct may be to pursue a claim against that individual’s auto insurance. But what if the driver was working at the time—making deliveries, transporting clients, or driving a company vehicle? In Georgia, that detail can significantly change the scope of your legal options. Under certain conditions, you may be able to hold the driver’s employer financially responsible.
Employer liability can lead to more robust insurance coverage and increase the likelihood of full compensation. However, at Ashby Thelen Lowry, our Atlanta personal injury attorneys know these cases hinge on several legal factors, and proving them requires an experienced approach.
Understanding Vicarious Liability in Georgia
Georgia law recognizes a legal doctrine called respondeat superior, which allows employers to be held responsible for their employees’ negligent actions if the employees were acting within the scope of their job duties when the harm occurred.
For example, if a delivery driver rear-ends someone while on an assigned route for work, the employer may share responsibility. However, the employer may not be liable if that same driver was running a personal errand during their lunch break.
Key factors courts consider when determining employer liability include:
- Was the employee performing a job-related task?
- Was the vehicle owned or provided by the company?
- Was the employee acting within the time and geographic boundaries of their job?
- Was the driver classified as an employee or an independent contractor?
These factors can influence whether a business can be brought into the legal claim.
Why Suing the Employer Matters for Injury Victims
In severe injury cases, the damages often exceed what the individual driver’s insurance can cover.
Holding the employer accountable may unlock access to:
- Commercial insurance policies with higher coverage limits.
- Corporate resources that can satisfy large verdicts or settlements.
- Stronger legal pressure to resolve the claim quickly and fairly.
Additionally, a company may be independently liable if it contributed to the harm, for example, by failing to properly train its drivers, ignoring known safety violations, or pressuring workers to meet unsafe delivery quotas.
When Independent Contractor Status Becomes a Roadblock
One major challenge in these cases is the increasing use of independent contractors, especially in delivery and gig economy roles. Companies may argue that they aren’t responsible for their conduct because the driver isn’t technically an employee. However, courts look beyond labels and examine the level of control the company had over the driver’s work.
In some cases, even when a driver is a contractor, a company can still be liable if it directed unsafe behavior, provided faulty equipment, or otherwise contributed to harm.
Ashby Thelen Lowry Helps Identify the Real Party at Fault
At Ashby Thelen Lowry, we investigate the facts behind every crash. If the person who caused harm was working at the time, we investigate employment status, company policies, vehicle ownership, and all relevant connections. We aim to identify every potentially liable party and pursue maximum compensation for our clients.
If someone on the job has injured you, contact our Atlanta legal team today. You may be entitled to hold not just the driver—but their employer—accountable.