When Is a Florida Employer Liable for an Employee’s Hit-and-Run Accident?

Many hit-and-run accidents in Orlando are the result of simple recklessness. A distracted driver hits someone without realizing it at first.

And even after they do see that someone is hurt, they speed off and avoid taking responsibility for their actions.

Of course, if the hit-and-run driver is later identified, they can face significant criminal and civil consequences under Florida law. With respect to the latter, the hit-and-run victim may file a personal injury lawsuit seeking compensation for their injuries. But what if the driver was acting on behalf of their employer when the hit-and-run accident took place? Is the employer also responsible for civil damages under Florida law?

Hotel Not Responsible for Banquet Manager Striking Pedestrian

The answer is, “It depends.” Generally speaking, if an employee causes an accident while acting within the “scope of their employment,” then the employer may be held liable in a personal injury claim under a legal principle known as respondeat superior. But proving that an employee was acting within the scope of their employment is not as easy as you might think.

Consider this 2024 decision from the Florida Fourth District Court of Appeals, McKee v. Crestline Hotels & Resorts LLC. In this case, the plaintiff and his wife were crossing a street when the plaintiff was struck by an SUV. The driver of the SUV did initially stop and got out of his vehicle. But after seeing the plaintiff lying in the street, the SUV driver got back in his vehicle and sped off.

At the time, the driver worked as a banquet manager for a resort hotel. On the evening of the hit-and-run accident, the driver left work around 8:45 p.m. after overseeing a quinceañera. The accident occurred about 30 minutes later. Subsequent evidence suggested that just before the driver hit the plaintiff, the driver received a work-related telephone call. The driver then made three additional calls to the hotel after the accident.

The plaintiff subsequently sued the hotel, alleging it was liable for the hit-and-run because the driver was still acting within the scope of his employment when the collision occurred. But both a trial court, and later the Fourth District, concluded that was not the case. As the Fourth District explained, “Neither driving, nor using a personal cell phone while driving home, was an integral part of the work [the SUV driver] was hired to perform as a banquet manager.” As such, the hotel could not be held legally responsible for the hit-and-run accident.

Injured in a Hit-and-Run? JustCallMoe Today

Sorting out legal responsibility for a hit-and-run accident is often a complicated task. This is why it is always a good idea to work with experienced Orlando hit-and-run accident lawyers who can fully investigate your case and advise you on a proper course of action.

JustCallMoe today to schedule a free consultation.