When we hear the phrase “vicarious liability,” it can sound like complicated legal jargon. But it’s actually a simple idea, and one that often comes up when an employee causes harm while doing their job. Here we look at a recent case to see how it works in practice.

The accident

On 24 June 2022, our client was cycling along Barnby Dun Road in Doncaster, heading towards Stainforth.

At the same time, a Royal Mail van driver in a Peugeot Expert van, was coming from Sandall Stones Road towards the roundabout at Barnby Dun Road and Doncaster Road.

As the van entered the roundabout, it collided with the cyclist, causing him injuries that included a fractured arm and soft tissue damage to his ankle.

The cyclist (the claimant) brought a legal claim against Royal Mail (the defendant) for personal injuries, expenses, and losses resulting from the crash.

Duty of care

Both drivers and cyclists owe what’s known as a duty of care to each other.
In this case:

• The Royal Mail driver owed a duty of care to the cyclist to drive safely and follow the Highway Code.
• Royal Mail, as the driver’s employer, also owed a broader duty because the driver was working for them at the time.

When the van pulled out onto the roundabout and hit the cyclist, that duty of care was breached.

The key question: Who is responsible?

Even though it was the driver who caused the accident, the claim wasn’t just against the driver, it was against Royal Mail.

Why?
Because the driver was doing his job when the accident happened, delivering mail, driving the company van, and acting in the course of his employment.

That’s where vicarious liability comes in.

What is vicarious liability?

Vicarious liability is a legal principle that holds employers responsible for the actions of their employees if those actions occur while the employee is carrying out their work duties.

It doesn’t matter if the employer personally did nothing wrong. What matters is that the employee’s mistake happened “in the course of employment.”

In this case:

• The driver was employed by Royal Mail
• His job involved driving the post van on public roads
• The accident happened while he was doing that job

Because there was a close connection between the driver’s duties and the accident, the court found it fair and just that Royal Mail should be vicariously liable for the harm caused.

The outcome

Royal Mail admitted liability for the accident in December 2022. As they accepted legal responsibility for the driver’s actions, they agreed to pay damages for the cyclist’s injuries, medical costs, and related financial losses.

The case then focused on working out how much compensation the cyclist should receive, based on the injuries and expenses described in medical and financial reports.

Why vicarious liability matters

Vicarious liability ensures that injured people can receive fair compensation, especially when the person who caused the harm was acting for a company or organisation.

It also encourages employers to:

• Train staff properly
• Enforce safety standards
• Take responsibility for their employees’ actions at work

Without vicarious liability, injured individuals might be left chasing compensation from employees who can’t afford to pay.

In simple terms

This case shows vicarious liability in action. It’s a powerful reminder that when employees cause injury while doing their job, their employer can share, or even bear the legal consequences.

If you’ve been injured, our specialist team can help you understand your rights and make a claim for compensation. Our experienced personal injury solicitors are here to help you understand your options and take the first step towards recovery.