Many Charleston residents drive as part of their job duties. Delivery drivers, truck drivers, bus operators, and employees driving to and from job sites depend on their vehicles for work. They also depend on other drivers to operate their vehicles safely. Unfortunately, not all drivers respect the rules of the road.
Negligent or aggressive driving habits endanger other motorists and can cause an accident. When an employee gets hurt in a car accident while on the job, they may have different legal options than others hurt on the road.
Generally, when a worker suffers an injury while performing their job duties, they can file a workers’ compensation claim instead of an injury lawsuit. However, if a third party is responsible for their injuries, the worker may file a lawsuit. If you were hurt while driving for work, and want to learn more about third-party liability claims against car drivers, speak with an experienced third-party liability attorney today.
Types of Claims Available
Workers’ compensation is a form of insurance that most Charleston employers must provide for their employees. As noted above, when someone sustains an injury at work, they usually can file a claim for workers’ compensation.
Workers’ compensation claims can provide medical and cash benefits for the injured worker. An injured employee can file such a claim in lieu of filing a personal injury lawsuit.
In fact, South Carolina Code of Laws Section 42-1-540 expressly prohibits an employee from suing their employer if their injury falls under workers’ compensation insurance.
However, if an employee suffers an injury due to a third party while performing their work duties, they may be able to file a civil lawsuit. In such cases, the injured worker would likely not file the lawsuit against their employer but instead against the liable third party. For example, if a delivery driver gets hurt in an accident caused by an intoxicated driver (the third party), the delivery driver may be able to file Charleston third-party liability claims against car drivers.
In this scenario, the intoxicated driver would likely be negligent and therefore at-fault for the accident. However, the injured delivery driver would need to prove in their lawsuit that the other driver acted negligently.
Negligent Third Parties’ Liability
In any injury lawsuit, the person must prove the other party acted negligently. Negligence occurs when someone fails to uphold a duty they owe to another and that failure causes injury. The individual must also prove the at-fault party’s negligence caused their injuries.
In the above example about a delivery driver, the individual would need to prove the other driver acted negligently. The intoxicated driver would likely be negligent since they owed a duty to others to drive safely and failed to do so. Typically, car accident victims seek compensation for their medical bills, vehicle damage, and other harm they sustained.
Contacting a Charleston Third-Party Liability Claims Attorney
If you suffered an injury in a car accident while working, call an experienced attorney today. With the help of a Charleston third-party liability claims against car drivers lawyer, you may be able to seek compensation for your injuries. If you were driving your own vehicle, you may also be able to seek compensation for auto damage. You are entitled to representation even if another firm refused to take your case. Call Howell & Christmas for a free consultation to determine whether you have a viable claim.