In a typical year, employee drinking and driving are at their highest during November and December secondary to holiday gatherings and company celebrations. It is safe to say that this holiday season’s gatherings will look and feel a little different; however, it is important to know When an Employer is Responsible for an Employee Drinking and Driving?
Scope of Employment
The legal definition of the scope of employment is the range of conduct and activity within which an employee can reasonably be considered to be carrying out the business of his or her employer. It is important to note that the liability of an employer for an act committed by an employee depends on whether the act falls within the scope of employment.
What Does This Mean?
An employer can be responsible for an employee drinking and driving IF the employee causes an accident while completing duties within the scope of his or her employment. For example:
- An impaired delivery driver causes an accident, resulting in injury or damage while delivering packages.
- An impaired commercial truck driver causes an accident, resulting in injury or damage while transporting a commercial load.
- An employee leaves a company-sponsored celebration or gathering and causes an accident, resulting in injury or damage. A company-sponsored gathering will most often fall within an employee’s scope of employment, making the employer potentially liable.
Like all DUI-related accidents, a thorough investigation of the accident will occur to determine the liability of the driver, other people involved, and that of the employer. The financial stress and loss that a victim experiences related to a drunk driving accident will be pursued to the fullest extent to all parties deemed liable.
Unfortunately, it is not always clear when an employer is responsible for an employee drinking and driving or determining liability if an accident occurs. You may need assistance from an experienced and trusted attorney. Contact the Law Offices of Reginald Keith Davis @ (913) 299-8789 for your free consultation, licensed in both Kansas and Missouri.