Vicarious liability in road traffic accidents

Published by a ��Ƶ PI & Clinical Negligence expert

Practice notes

Vicarious liability in road traffic accidents

Published by a ��Ƶ PI & Clinical Negligence expert

Practice notes

In the past, a defendant would only have been vicariously liable for the negligence of a driver if the driver was acting in the course of their employment for the defendant. The law has developed significantly since then. If the driver was not an employee of the defendant, a potential claimant will now need to consider the relationship between the driver and the defendant and the connection between that relationship and the driver’s negligence.

Liability of an ‘employer’ for a driver’s negligence

Does the relationship between the defendant and the tortfeasor attract vicarious liability?

Whether the tortfeasor is considered to be an employee is often a straightforward consideration where a conventional employer/employee relationship exists by virtue of a contract of employment. The situation is less clear cut if, for example, the driver is said to be self-employed but appears to be carrying out activities on the instruction of the defendant. A variety of different tests have been adopted by the courts to determine whether an individual should be considered to be an employee but it will ultimately

Jurisdiction(s):

United Kingdom

Key definition:

Vicarious liability definition

What does Vicarious liability mean?

Criminal responsibility for the act or omission of another, usually an employee.

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