personal injuries as a result of car accident because of an employee under MO state law what is employer's liability

DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.

We practice law only in California and each state's laws are different. You should immediately contact a local experienced defense attorney in your town or state. Also immediately notify your automobile liability insurance carrier and "tender" your defense to the carrier.

Generally speaking and subject to the above, here's a general overview regarding auto liability personal injury damages…

In most cases and at the very least, a person who has been injured or a family who has lost a loved one through the fault of another is entitled to "be made whole" or to be restored insofar as is possible to his or her preinjury status through "compensatory" damages.

Generally speaking, this includes both economic damages such as medical bills, property damage and lost wages and non-economic damages such as emotional distress and pain and suffering. Past, present and future damages are normally discounted to their present lump sum value.

Depending on the facts of your case (and the ability and reputation of your lawyer), these damages might include one or more of the following...

Medical Expenses- This includes the reasonable value of all medical expenses that have been incurred, and are reasonably expected to be incurred in the future, as a result of the injury or death. Medical bills, reports and doctors' testimony are all used to prove these damages.

Loss of Earnings- This includes the reasonable value of working time lost or expected to be lost on account of the injury or death. Wages, commissions, bonuses, fringe benefits and all other earnings are compensable damages. This also includes an "impaired earning capacity" which simply refers to the extent to which the injury has interfered with an injured person's ability to advance to a better paying position or alternative career.

Pain and Suffering- This is usually the most valuable element of a bodily injury claim and includes compensation for the past, present and future pain and suffering an injured person goes through or is expected to go through because of an accident. Reasonableness is the only limit on the amount of pain and suffering damages which can be awarded.

Additional related "intangible damages" may also be awarded to compensate an injured victim for the impaired enjoyment of life (an inability to enjoy life), disfigurement and the shorting of life expectancy.

Emotional Distress- In some cases, an injured party may be entitled to reasonable compensation for all fear, anxiety and other emotional distress suffered or to be suffered in the future.

Property Damage- Property losses such as damage to personal property or to an automobile in a vehicle collision are also recoverable damages. If property is lost, completely destroyed or beyond repair, damages are usually based upon the fair market value at the time of the loss. However, if the property can be repaired, then the proper damages are either the cost of repairs or the difference in the property's value before and after the accident.

While each state law differs and you should talk with a Missouri lawyer your companies responsibility for damages is determined by whether your employee was neglignet in leaving the car on the street. You were not specific as to where the car was located. This is important because if the car was along the side/curb of the street where it is allowed to be parked then you may have no fault at all, whereas if it were left in the middle of the street (where clearly it did not belong) your employer was negligent in leaving the car, and your company is responsible for all damages reasonably forseeable from the at fault conduct- the car placement.

If your company is incorporated you are shileded rom personal liability as an owner but corporate assets may be taken by levy and execution to satisfy any judgement against the company.

Under some state laws you may have your license suspended for failing to satisfy a judgement arising from a car accident resulting in personal injuries if you own the car individually.

Depending upon the severity of the injury and the vehicle damage you may want to hire an attorney in your area to advise you as to your options. If the damages are reasonable you may be able to settle directly with the injured party - this is a financial matter but an attorney representing you is critical because of the many potential issues involved.

A possible defense to this action may be that the employee was not acting "within the course and scope of your business" or "on a frolic of his own" thereby making his conduct separarte from company business for which your company is not liable. What were the circumstances of the employee hving the vehicle after hours? Was it known to you, did he have your permission to drive it home at night, etc? These questions must be answered to determine your companies full responsibility.

There are many issues raised by your questions, but as to the issue of what are the general consequences that depends on if the employee was within the course and scope of their employment with your company, if not, then you do not have liability. Was the employee on a work related assignment? There are many factors to determine course and scope of employment and sometimes the facts need to go to a jury to make that decision.

As far as potential exposure, if there is liability I believe the other attorney's answer is pretty close to potential money damages that could be awarded.

I am license and practice in Missouri and would be happy to help you out some more.