What Nevada Employers Should Know About Work-Related Car Accidents

If your employee was injured in a car accident, the employer (you) may be held liable if the accident occurred while the employee was acting within the scope of their employment. In other words, the employer is responsible if the employee was carrying out job-related tasks or if the auto accident was directly related to the employee’s work duties.

Nevada law follows a “respondeat superior” doctrine, which holds the employer responsible for the actions of their employees, including accidents caused by the negligence of an employee while performing work-related tasks.

Additionally, if the employer had any negligence on their part, such as failing to properly train the employee, not following company safety policies, or not maintaining the vehicle properly, the employer may also be held directly liable for the accident.

Respondeat Superior and Vicarious Liability

Employers are indirectly liable for their employees’ negligence under Nevada’s doctrine of respondeat superior. This means that the employer is liable for the employee’s actions as long as the employee is working within the scope of their employment.

Under Nevada law, an employer is liable for employee car accidents if:

An employee is acting within the ordinary scope of their employment
The employee’s wrongful actions injure someone else.

The employee may be driving a personal car or a company car when they are injured or when they cause injury to others, and the employer could still be held liable.

Scope of Employment and the Going-and-Coming Rule

Determining whether a car accident falls within the scope of employment is a vital factor in establishing employer liability. Generally, employers are liable for accidents that occur during work-related tasks but not for accidents during the employee’s non-work activities, such as commuting.

However, the scope of employment can be broader than expected. For instance, if an employee is driving as part of their job duties, such as delivering goods, traveling to a work site, or performing errands during the commute, then the employer may be held liable under vicarious liability.

The scope of employment is determined by:

The Nature of the Task: Is the driving a necessary part of the employee’s duties?
The Time and Location: Was the employee performing work-related tasks at the time of the accident?
The Employer’s Control: Did the employer provide the vehicle, schedule the trip, or otherwise have control over the employee’s driving?

Based on these factors, employers may be held responsible for accidents that occur during the employee’s non-work activities, such as commuting.

For example, if an employer requires the use of a personal vehicle for work purposes, provides travel time as part of the employee’s duties, or makes travel arrangements for employees, the employer may be liable for accidents that occur during the employee’s non-work activities.

Can You Fire an Employee for Getting into a Car Accident in Nevada?

In Nevada, employers can fire their employees for getting into car accidents, as Nevada is an at-will employment state, meaning employers can terminate an employee for any reason or no reason at all.

This is especially true if the car accident was caused by the employee due to a reckless action or policy violation.

However, there are exceptions to the at-will employment doctrine, including:

Firing in retaliation
Firing for medical leaves
Firing based on protected characteristics (race, sex, religion, age, disability, or others)

How Nevada Workers’ Compensation Applies to Driving Injuries

Nevada workers’ compensation covers driving injuries that arise out of and in the course of employment. This typically includes accidents during business deliveries, rideshare trips, or other work-related transportation, as long as they meet the Nevada “street-risk rule” requirements.

Which Employees Are Eligible for Benefits

Nevada’s workers’ compensation system generally covers employees injured while performing job duties, including those who are injured in car accidents while driving for work. This includes delivery drivers, field workers, and anyone else whose role requires driving as part of their job. Additionally, employees who are injured using a company car or other employer-provided vehicles may also qualify.

However, there are exceptions. Workers who are injured while commuting to or from work, or while engaged in personal errands, are typically not covered. The key factor is whether the injury occurred within the scope of employment, meaning it happened while the employee was acting in the interest of their employer.

The Exclusive Remedy Rule and Its Exceptions

The exclusive remedy rule in Nevada means that workers’ compensation is the sole remedy for work-related injuries. Workers who are injured in the workplace cannot sue their employers for damages. Instead, they must file a claim with the workers’ compensation insurance carrier.

However, the exclusive remedy rule has several exceptions:

Third-Party Claims: Workers who are injured by a third party can file a separate personal injury lawsuit against the third party while still receiving workers’ compensation benefits.
Intentional Injury: Workers who are injured due to an employer’s intentional actions can sue the employer in addition to receiving workers’ compensation benefits.
Uninsured Employer: Workers whose employers do not carry workers’ compensation insurance can sue the employer in addition to filing a workers’ compensation claim.
Dual Capacity: Workers who are injured by a co-worker or third party can sue the co-worker or third party in addition to receiving workers’ compensation benefits.
Uninsured Employer: Workers whose employers do not carry workers’ compensation insurance can sue the employer in addition to filing a workers’ compensation claim.

Negligent Hiring, Retention, and Supervision Claims

Employers can be sued when they hire, retain, or supervise an employee without realizing that the employee is a danger to others. If you have to hire a driver for a job that requires driving, you should check their driving record to make sure they are not a risk. If you do not do this and someone gets hurt because of the driver’s actions, the employer (you) could be held liable for negligent hiring.

If you know that a driver is a risk, but you do not do anything about it, and they cause harm to someone else, you could be held liable for negligent retention.

In addition, if you do not properly supervise or train the employee and the employee causes harm to someone else, you could be held liable for negligent supervision.

For example, if a delivery company hires a driver without checking their driving record and the driver causes an accident, the company could be held liable for negligent hiring. If the company does not supervise or train the driver and the driver causes an accident, the company could be held liable for negligent supervision.

Independent Contractors and Gig Drivers

Because gig workers operate independently from the employer, they generally aren’t considered employees. As such, the employer is usually not held liable for injuries sustained during the work, and the employer isn’t required to provide workers’ compensation coverage.

An employer is, however, responsible for ensuring the work is being done properly. And it is the employer’s responsibility to ensure that the driver has appropriate insurance coverage for the vehicle they are using. It’s also the employer’s responsibility to ensure the driver follows all of the training they are required to complete.

If the driver is injured, the driver’s insurance policy may still cover the accident and any injuries sustained. In fact, many gig drivers have insurance policies specifically designed for them that cover accidents that occur while they are driving.

However, when it comes to contractor and gig work for rideshare services like Uber or Lyft, the employer must provide insurance coverage, but only in specific situations, like when the driver is transporting passengers.

Due to the complexities that can arise from contractor car accidents, it’s good to first speak with a Las Vegas car accident lawyer to fully understand the scope of the situation.