Personal Injury Austin Texas. In some instances, there are some people who wonder if they are able to sue their employer in the event that they are injured in a car accident when they are either driving to or from work in the state of Texas. The short answer to this question is that you most likely cannot sue your employer; however, there likely is someone who will be able to be held liable for not only your injuries, but also for other damages as well.
The most effective way that you can determine this for sure is to consult with an experienced attorney in order for your case to be reviewed. They will be able to let you know exactly who could be held liable after asking you a few simple questions regarding your case.
For starters, there are always those who are either rushing to get to work on time or trying to complete other tasks, meaning they may not actually be following all of the rules of the road. Secondly, there are also those who are commonly found to be talking on their phones, texting while driving, and more when they should be paying attention to the road. Driving with these kinds of distractions are viewed, rightfully so, as being similar to drinking and driving. When all of these factors are multiplied by the overall number of extra drivers that are on the road, it’s not difficult to see exactly why so many accidents end up taking place.
All employers in the state of Texas are required to subscribe to the Workers’ Compensation system. Failing to do so will result in the risk of them being exposed to potential lawsuits from employees who end up getting hurt while on the job. The biggest reason for this is because Texas instituted a public policy approximately 100 years ago that it was unfair to make an injured employee prove that their employer caused their workplace accident, but that instead the burden should be placed on the employer to prove otherwise.
Personal Injury Austin Texas. In terms of traveling to and from work, even though you may be doing so for your employer’s benefit, it has been unanimously decided by the courts that employers can only be sued under rare circumstances. This is commonly referred to as the Coming and Going Rule, which was created due to courts recognizing that the overall dangerousness of traveling to and from work doesn’t actually originate from the employer, but instead from the dangers of the roadways themselves.