Depending upon the circumstances, the driver or even the driver’s company might be responsible for your bicycle accident injuries and damages.
Finding Responsibility After A Bicycle Accident In Illinois
In most cases, it will be the company the driver was working for at the time of the bicycle accident. This is referred to as the doctrine of respondeat superior, which is a common law doctrine that basically means that employers are responsible for employee actions when they happen within the scope of employment. Pyne v. Witmer, 135 Ill.Dec. 557, 561 (1989). For it to be in the scope of employment, “the conduct must be of the kind the employee is employed to perform, must occur within the authorized time and space limits of the employment, and must be done at least in part to serve the employer, rather than be for the employee’s personal ends.” Bagent v. Blessing Care Corp., 224 Ill.2d 154, 164-65, 308 Ill.Dec. 782, 862 N.E.2e 985, 991-92 (2007). So in your case, the employer most likely would be liable. However, in the event that the accident occurred outside the scope of the employment, the driver may be liable.
Examples Of Respondeat Superior Liability
As we said in the previous section, you can pursue damages in a bicycle accident case against the employer of the driver responsible for your injuries. Typically, that person must have been working at the time of the event in order to qualify for respondeat superior liability. What does that look like? Here are some common examples of conduct considered within the course of employment sufficient to trigger a company’s liability:
- A driver was going from one job site to another.
- A driver was making a delivery to a client on behalf of an employer.
- A driver was going to pick up supplies for an employer.
What is not considered within the course of employment in order to trigger respondeat superior liability for the employer? Take a look at these examples:
- A driver was going into work but had not started working yet.
- A driver was off on a personal errand.
- Someone had stolen the employer’s car and was driving it around.
If your case qualifies for respondeat superior liability depends on the facts and circumstances of the accident, but only reviewing them with a qualified Illinois attorney will you know for sure. Contact our offices to figure out who is responsible for your injuries.
Find Out Who Is Liable For Your Bicycle Accident!
If you're involved in a bicycle accident in Illinois, the motorist or the motorist's employer might be liable for the damages. Who you'll sue will depend on the circumstances of the incident. We can work with you to figure out who the correct defendant is and then bring a case on your behalf. Plus, we can do it on contingency so that bills won't stop you from mounting a competent claim. To learn more about how you can recover in Illinois after a bicycle accident injuries, call our offices today!
If you would like to know more about bicycle accidents in Illinois, please read the following pages: