If I’m being sued for an auto accident that I had while on the job, can they come after me personally or is the liabilty lie with the company as I was working within my scope of work?

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If I’m being sued for an auto accident that I had while on the job, can they come after me personally or is the liabilty lie with the company as I was working within my scope of work?

I was driving for a sandwich shop when I got in a fender bender. Now, 3 years later, I am being sued for physical and mental damages even though everyone seemed fine and declined ambulance assistance. Are they coming after me personally and do I have to leave the state? A lawsuit has been filed in both my name and the name of my former employer. I would have to back to the CO from HI where I currently am for trial even though I have very little assets to even afford the plane ticket. Going there would put me in financial difficulty. Is the company liable for the damages since I was under my scope of work and never signed anything contrary to this?

Asked on December 28, 2018 under Accident Law, Hawaii

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The company is liable for the negligence of an employee which occurs during the course and scope of employment. You were named in the lawsuit because you were the driver. The focus of the lawsuit will be on the company. 
If you have to appear for trial in CO, you can request a telephone appearance instead of being physically present in the courtroom. Contact the CO court clerk and request the forms you need to complete for a telephone appearance and the deadline for filing the forms. If the required forms are not timely filed, your request for a telephone appearance will be denied.


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