Work vehicle accident with cyclist
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Work vehicle accident with cyclist
Hi, I’ve crashed a cyclist yesterday while working for Papa John’s Pizza, which
isn’t of my fault as the cyclist wasn’t paying attention didn’t indicate that
he’s turning right nor did he look back to see if it was clear to make the turn.
So the scooter which I was working on is insured by the company, and I’m
wondering whether I’ll be payed out for my health and the accident?
Asked on October 2, 2016 under Accident Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If the cyclist were at fault and you were injured, you could sue the cyclist for your medical costs or injuries. Your employer is *not* required to pay for your injuries--your employer is not your insurer, and the employer's insurer is not your insurer, either.
If you had been at fault, the cyclist could sue you for his/her injuries and costs--the cyclist could also choose to sue your employer instead of or in addition to you, but it's the cyclist's choice. (When an at-fault employer injuries another or damage's another property, the injured person can sue the employee, the employer, or both). And if you had been at fault, your employer and/or their insuer could sue you for the cost to repair the scooter (if it were damaged) or to recover any amounts they may be forced to pay out.
Essentially, from your point of view, you have the same rights if you were in an accident in a work vehicle as as you would if you'd been in an accident in your own vehicle: to sue when the other driver is at fault, but unfortuantely to be held liable for damages, injuries, and costs when you were at fault. Nothing important is changed by it being a work vehicle.
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