Motorcycle accidents often result in serious injuries, even in seemingly low-speed motorcycle crash scenarios. When the at-fault driver was working at the time of the collision, their employer may share liability under the legal doctrine of respondeat superior. This doctrine holds an employer responsible for their employee’s negligence if the employee was acting within the scope of employment.
If you’ve been in a motorcycle crash and the at-fault driver was on the clock—even running personal errands for work—you may be able to seek compensation from the employer’s insurance coverage, which typically has higher policy limits than the individual driver. This is especially important when your medical bills and lost wages far exceed the other driver’s insurance limits. Like a car accident claim, the at-fault party’s negligence can make all the difference.
Understanding Liability in a Low-Limit Motorcycle Crash
The at-fault driver in a motorcycle accident may be personally liable for damages, but if they were acting in the scope of employment, the employer is often held liable under respondeat superior.
For example, if a truck driver causes a crash while delivering goods, the employer’s insurance company generally must provide compensation. Even in a minor motorcycle crash, injuries can be catastrophic, making employer liability critical when insurance policy limits on the driver’s personal policy are too low to cover medical expenses, property damage, or lost income.
When Does Respondent Superior Apply?
Are you wondering if respondent superior applies? Under personal injury law, respondeat superior applies when the employee was performing duties they were legally required to do for work. Courts analyze:
- Was the driver performing a task for the employer?
- Were they on a route or schedule required by work?
- Were they using a company vehicle?
- Was the errand part of their employment, even if personal in nature (like picking up supplies)?
If these elements apply, the employer becomes a responsible party, significantly increasing available insurance coverage.
Personal Errands vs. Work Duties
Not every car accident involving an employee triggers employer liability. For instance, if the driver was purely on personal errands outside their work duties, the employer is generally not held liable. However, the line can blur.
Proving the driver was acting within the scope of employment can mean the difference between settling for a few thousand dollars from a personal policy or accessing an employer’s umbrella policy worth millions.
Insurance Coverage and Policy Limits
Low Personal Policy Limits
Many drivers carry only the minimum insurance policy limits required by their state’s laws. This can be as little as a few thousand dollars in liability coverage.
If your motorcycle accident claim involves serious injuries, that money will barely touch medical bills, lost wages, or non-economic damages like pain and suffering.
Employer’s Insurance Policy and Umbrella Policy
Employers generally have much higher insurance policy limits, often required by law or industry practice. For example, a delivery company might have a commercial policy with a million-dollar limit plus an umbrella policy providing additional excess damages coverage. Suing the employer can unlock this coverage.
Underinsured Motorist Coverage
If neither the driver nor the employer has enough insurance, your own underinsured motorist coverage may help you seek damages. This coverage can be critical in motorcycle accident cases, where even a low-speed crash can lead to severe, lifelong injuries.
Low-Limit Motorcycle Crash: Suing the Driver’s Employer & Gathering Evidence
Importance of Evidence Gathering
To prove employer liability, you need strong evidence showing the driver was working at the time of the crash. Effective evidence gathering starts immediately at the accident scene.
Key Evidence
- Police reports naming all parties involved
- Statements from the other driver about work status
- Employer information on the vehicle or uniform
- Photos of the accident and other vehicles
- Witness statements
- Digital logs (for truck drivers or delivery drivers)
Your experienced personal injury attorney will know how to gather evidence to establish the driver’s negligence and link their work duties to the employer.
Proving Liability and the Employer’s Responsibility
Driver’s Negligence
First, you must show that the driver was a negligent driver—violating traffic laws, being distracted, speeding, or otherwise driving unsafely. Proving liability means showing their actions directly caused your injuries.
Employer Responsibility
Second, you need to connect their work duties to the employer. Was the employee on the clock? Driving for deliveries? Using a company car? Answering these questions is essential to make the employer the responsible party.
Types of Damages You Can Seek
Economic Damages
- Medical expenses: Hospital bills, surgery, rehabilitation, medical treatment.
- Lost wages: Income missed while recovering.
- Property damage: Repairs or replacement of your motorcycle.
- Lost income: Reduced future earning ability due to serious injuries.
Non-Economic Damages
- Pain and suffering.
- Emotional distress.
- Reduced quality of life.
- Non-economic losses that are harder to quantify but very real.
Maximum Compensation
An employer’s policy makes it more likely you’ll secure maximum compensation. A personal policy with low limits can’t cover these costs, forcing injured riders to absorb losses themselves without legal action.
The Role of an Experienced Personal Injury Attorney
Why You Need a Lawyer
Navigating personal injury law and insurance policy limits is challenging. A personal injury lawyer with motorcycle accident experience can:
- Analyze insurance coverage.
- Identify all responsible parties.
- Negotiate with the insurance adjuster.
- Build the strongest case for fair settlement.
- Take legal action if needed.
Attorney-Client Relationship
A strong attorney-client relationship ensures clear communication and trust. Your attorney will advise you on the best course of action for your case, whether through negotiation or a personal injury lawsuit.
Insurance Company Tactics and Potential Settlement
Lowball Offers
Insurance companies often offer a few thousand dollars quickly to close claims. Don’t accept without legal advice. They know motorcycle accident cases often involve high-value medical expenses, lost income, and non-economic damages.
The Importance of a Fair Settlement
A fair settlement reflects the true cost of your injuries, including medical bills, lost wages, property damage, and pain and suffering. Your attorney will evaluate policy limits, employer coverage, and potential settlement ranges.
Legal Action and Jury Verdicts
Filing a Personal Injury Lawsuit
If negotiations fail, your attorney can file a personal injury lawsuit. This process includes:
- Filing legal documents.
- Discovery and evidence gathering.
- Negotiation and mediation.
- Trial if necessary.
Jury Awards
Juries often award substantial sums in motorcycle accident claims, especially when injuries are severe, the other driver was clearly at fault, or the employer showed negligence in hiring, training, or supervising the driver.
Legal Rights and the Legal System
Understanding your legal rights ensures you don’t leave money on the table. The legal system is designed to help injured persons seek damages from every available source, including the employer’s insurance company and umbrella policy. If you’re wondering if you can sue for PTSD after a car or motorcycle accident, that might also be a part of your rights. However, a motorcycle accident attorney can better guide you.
State’s Laws Matter
The state’s laws govern insurance policy requirements, employer liability, and damage caps. Your attorney will navigate these complexities to pursue full compensation.
How to Strengthen Your Motorcycle Accident Claim: Key Steps
- Get medical treatment immediately.
- Document medical bills and medical expenses.
- Report the accident scene to the police and get police reports.
- Identify the responsible driver and employer.
- Notify your insurance company and understand your underinsured motorist coverage.
- Consult an experienced personal injury attorney for a free case evaluation.
Conclusion:
A low limit motorcycle crash doesn’t mean you have to settle for a few thousand dollars that won’t cover your losses. By suing the driver’s employer when respondeat superior applies, you may access significantly higher insurance coverage and policy limits, including any umbrella policy.
Proving the driver’s negligence while showing they were acting within the scope of employment is key to unlocking employer liability. With the help of an experienced personal injury lawyer, you can gather evidence, prove liability, and negotiate with the insurance company for a fair settlement.
Contact BLG- Your Best Course of Action
Don’t deal with these complexities alone. Protect your legal rights. Seek damages for medical bills, lost wages, property damage, and non-economic losses. Your motorcycle accident attorney at Bourassa Law Group can guide you through the legal system and fight for maximum compensation so you can focus on healing after your motorcycle accident.
1-800-870-8910