Work vehicle accident with cyclist

UPDATED: Sep 30, 2022

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Work vehicle accident with cyclist

Hi, I’ve crashed a cyclist yesterday while working for Papa John’s Pizza, which
isn’t of my fault as the cyclist wasn’t paying attention didn’t indicate that
he’s turning right nor did he look back to see if it was clear to make the turn.
So the scooter which I was working on is insured by the company, and I’m
wondering whether I’ll be payed out for my health and the accident?

Asked on October 2, 2016 under Accident Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the cyclist were at fault and you were injured, you could sue the cyclist for your medical costs or injuries. Your employer is *not* required to pay for your injuries--your employer is not your insurer, and the employer's insurer is not your insurer, either.
If you had been at fault, the cyclist could sue you for his/her injuries and costs--the cyclist could also choose to sue your employer instead of or in addition to you, but it's the cyclist's choice. (When an at-fault employer injuries another or damage's another property, the injured person can sue the employee, the employer, or both). And if you had been at fault, your employer and/or their insuer could sue you for the cost to repair the scooter (if it were damaged) or to recover any amounts they may be forced to pay out.
Essentially, from your point of view, you have the same rights if you were in an accident in a work vehicle as as you would if you'd been in an accident in your own vehicle: to sue when the other driver is at fault, but unfortuantely to be held liable for damages, injuries, and costs when you were at fault. Nothing important is changed by it being a work vehicle.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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