What if the driver who hit my bike was working at the time of the accident?

If the driver who hit you in your bicycle accident was working at the time it is possible that their employer could be held liable for the accident. Illinois follows a doctrine called Respondeat Superior which states that an employer is responsible for the actions of their employees when these actions occur within the scope of their employment.

For something to be considered “within the scope of employment” the law states that it must meet three requirements, which include:

1. The conduct must be of the kind the employee is employed to perform.
2. The conduct must occur within the authorized time and space limits of the employment.
3. The conduct must be done in part to serve the employer and not for the employee’s personal needs.

If the accident occurred outside of these parameters, the employee would most likely be found completely liable for your bicycle accident.

Examples of Respondeat Superior

If a driver hits you within the scope of their employment, you can pursue charges against their employer. Common examples of when Respondeat Superior would be in effect would include:

• The driver was picking up work supplies
• The driver was making a delivery for their employer
• The driver was going between job sites

Respondeat Superior would not be in effect if someone stole a company vehicle and was driving it, if the employee was on personal time running errands, or if the employee was on their way to work and wasn’t yet “on the clock”, however.

If you’ve been involved in a bicycle accident and you believe the negligent party was working at the time, you may have a case against their employer. An experienced personal injury lawyer can review the unique circumstances of your case to determine who is liable and help to bring a case against them on your behalf.

At 844 See Mike, we represent clients in Illinois who have suffered personal injuries from a bicycle accident, as well as family members who have lost a loved one in a road accident caused by the negligent or reckless conduct of another person. We know that when a bicycle collides with a vehicle weighing at least 2,000 pounds, the odds are not in the cyclist’s favor and the results can be tragic.

It’s important to consult with an experienced Chicago bicycle accident attorney as soon as possible to protect your rights and determine if you have a valid personal injury claim or wrongful death claim against a reckless or negligent driver. If you were injured in a bicycle accident, contact 844 See Mike, for a free consultation.

We see you as a person, not just a client – and that makes us better at the work we do. We listen. We learn your story. And, as we help you get the money you deserve, we go above and beyond in a way most law firms never could and never would. Because we’re not just lawyers. And you’re not just a client. We’re friends, neighbors, family. We’re all people and here at 844 See Mike, we put People, First.

Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 900 outstanding client reviews on our website, an A+ BBB rating, and over 120 five-star reviews on Google. Call 888-572-0176, e-mail us at michael@agrusslawfirm.com, or schedule a meeting with us here. We’re here 24/7.