Call : 704-594-4317
Call : 704-594-4317
If you are injured in a company car accident that occurred while you were on the job, you may be entitled to benefits from our state’s workers’ compensation program. If the accident was caused by the negligence of the other driver, you may also have the right to file a personal injury claim against the other driver’s insurance company. A skilled Charlotte company car accident lawyer can help you navigate both claims to make sure you receive the full compensation you deserve.
At Ayers, Ayers & Dressler in Charlotte, North Carolina, our lawyers handle workers’ compensation and personal injury cases. Our experience in both areas of law enables us to coordinate your claims so you receive the maximum compensation to which you are entitled. We offer a free initial consultation to discuss your case.
Motor vehicle accidents that occur on the job are covered by workers’ compensation, whether you were driving a company car or your own vehicle. Workers’ compensation provides authorized medical treatment, a weekly check worth two-thirds of weekly wages to replace lost wages, and certain other benefits. However, workers’ compensation benefits are limited. For example, the program does not provide any money for pain and suffering.
Workers’ compensation pays benefits regardless of fault. It is generally your only source of recovery for accidents that occur on the job, unless the accident was caused by someone other than you or your employer. If a third party was at fault and you were injured as a result, you may have a right to seek additional compensation through our civil justice system. Examples of third parties include:
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Employees who drive vehicles for work purposes can speak with a Charlotte company car accident attorney to learn more about their rights after a collision. However, drivers should take certain steps after any car accident before seeking legal advice. These actions can impact both workers’ compensation claims and third-party injury claims, whether the accident occurred on Independence Blvd, I-77, I-85, or another Charlotte thoroughfare.
If another driver injures an employee while driving a company vehicle, the injured employee should:
North Carolina drivers should avoid admitting fault or making assumptions about who caused the accident before the police and insurance companies have investigated.
While workers’ compensation claims usually do not focus on proving fault, negligence may still need to be established when pursuing a car accident claim against another driver. Drivers who injure others while operating a company vehicle may be liable for damages if their negligence caused the accident.
Drivers owe other motorists a duty of care to operate their vehicles reasonably and follow traffic laws. When a driver breaches their duty of care by acting unreasonably or unlawfully, and that breach causes someone else’s injuries, they may be liable for damages to the person they injured. Damages refer to the actual losses someone incurs due to another party’s negligence, such as medical bills, lost wages, property damage, or physical pain.
Evidence that may help prove negligence includes traffic camera footage of the accident, eyewitness testimony, vehicle damage reports, electronic driving records (such as text message timestamps), and accident reconstruction results.
Driver negligence that can cause company vehicle accidents includes distracted driving, speeding, unsafe lane changes, tailgating, and driving while drowsy.
Employees driving company vehicles can be involved in car crashes in work zones such as highway construction areas. I-77, I-85, and I-485 are all major corridors in Charlotte that have frequent construction.
The North Carolina Department of Transportation reported 6,870 work zone crashes in North Carolina in 2024. These wrecks caused 1,570 injuries and 47 fatalities. Many times, speeding and distracted driving contribute to these crashes. Workers who drive from location to location for their job may face these dangers on the road.
While these statistics highlight the risk of motor vehicle travel, they do not account for company vehicle accidents specifically.
Determining liability after a company vehicle accident involves considering who caused the collision, whether their employment impacts liability, and whether injured motorists were working when the crash occurred.
A third-party driver who negligently injures an employee driving a company vehicle may be liable for the employee’s damages. Under certain circumstances, the employee-driver’s employer may also be liable if the employee was acting within the scope of their employment at the time of the accident.
Parts manufacturers or maintenance companies may be liable if a defective part caused or contributed to a vehicle accident. Vehicle maintenance companies can also be liable if negligence during repairs contributed to the accident.
North Carolina allows injured employees to file claims against third parties that cause work injuries under the law. However, the statute contains additional provisions requiring reimbursement to the employer if the injury is caused by the employee’s own negligence.
In personal injury cases, contributory negligence may bar injured motorists from recovering compensation from the driver who caused the accident. If an injured employee was partially at fault for the crash, they may be unable to hold the other driver liable for damages.
For instance, imagine an employee drives down South Boulevard and is rear-ended by a driver who was speeding. Suppose the employee also failed to maintain their vehicle’s brake lights, and investigation evidence shows their brake light failure contributed to the accident. In that case, contributory negligence could impact the employee’s ability to recover compensation from the driver who rear-ended their car.
Exceptions to the rule may apply if a defendant had the last clear chance to avoid the accident. Contributory negligence may not apply to ordinary workers’ compensation cases. Workers’ compensation follows different legal principles.
Employees should note that there are deadlines for reporting workplace accidents and filing workers’ compensation and personal injury claims.
Employees must provide written notice of workplace accidents to their employers under N.C. Gen. Stat. § 97-22 within 30 days, but there are exceptions. Two years is the general statute of limitations for workers’ compensation claims under N.C. Gen. Stat. § 97-24, though several exceptions and special rules apply to different types of claims.
Negligence-based personal injury claims must generally be filed within three years. Third-party claims involving workplace injuries follow special procedures. Reviewing the statute is crucial when an employee is injured by someone other than the employer or a coworker.
Employees may be required to file a company car accident claim in different venues depending on the type of legal action they pursue. Workers’ compensation claims do not usually proceed through county courts in North Carolina. Those claims typically fall under the jurisdiction of the North Carolina Industrial Commission.
However, personal injury claims can be filed in North Carolina trial courts, including those involving company vehicle accidents in Charlotte. The Mecklenburg County Courthouse may hear these types of cases, located at 833 East Fourth Street, Charlotte, NC 28202. The Mecklenburg County Courthouse is in Uptown Charlotte near the Charlotte-Mecklenburg Government Center and I-277.
When workers hire a car accident lawyer following a crash that occurred while on the job, they can help sort out overlapping insurance claims, as well as potential third-party liability and filing deadlines. Having a Charlotte company car accident attorney on your side when the accident happened at work means they can go over police reports, medical notes, employment files, and insurance contracts to determine your available claims.
Attorneys can also help with disputes related to workers’ compensation reimbursement liens. These liens may arise when an employee is able to obtain a settlement from a third party who was negligent in causing the collision.
Signing a release or accepting a settlement can impact your legal rights, so it’s important to understand how the two claims interact with one another before resolving either claim. A lawyer understands car accident laws and can help you in your case.
Employees injured while riding as passengers in company vehicles in Charlotte may be eligible for workers’ compensation benefits if the travel was in connection with their job. Depending on the circumstances, they may also be able to file a third-party personal injury claim against a negligent driver.
Factors such as whether the employee was traveling to meet with a client, attend a work function, or drive with another coworker can help identify which insurance policies and benefits may apply.
Employers in North Carolina can require workers to undergo drug or alcohol testing after vehicle accidents that occur in the workplace depending on the company’s policies and any applicable laws and regulations. For example, certain drivers of commercial vehicles are required to take federally mandated post-accident drug tests.
However, even if an employee tests positive for drugs or alcohol, they may not necessarily be barred from receiving workers’ compensation benefits.
In Charlotte, whether an employee or employer is responsible for paying for vehicle repairs after a collision depends on the employer’s insurance coverage, how the accident occurred, and any employment agreements. Commercial auto insurance policies often cover damage to company-owned vehicles. Employers may also be able to recover the costs of repairs from a negligent third party.
If an employee is involved in a company vehicle accident in Charlotte that aggravates or accelerates a previous medical condition, they may be entitled to workers’ compensation benefits in North Carolina. A doctor may need to confirm that there is a connection between the crash and the aggravation of the condition. Medical records, X-rays, and doctor’s notes that compare the employee’s condition before and after the collision may be used as evidence.
If you have been injured in a company car accident in Charlotte, NC, trust your case to attorneys with a record of success. The workers’ compensation and personal injury lawyers of Ayers, Ayers & Dressler can help you pursue the maximum compensation you are due. To schedule a free initial consultation, call 704-594-4317 or contact us online.
We accept cases on a contingent fee basis. We only collect attorney fees if we obtain compensation for you.
No one should have to worry about their financial security after a lifetime of contributing to Social
Security because of a disabling injury or condition.
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