A delivery van, service truck, or other company vehicle may hit you in Texas. You may then wonder who may be liable for the crash. Who is liable in a company car accident? The answer depends on the driver’s relationship to the company and what the driver was doing at the time of the collision. In some cases, both the driver and the employer may be responsible. Understanding how Texas law addresses these situations may help you evaluate a possible claim.
Why Choose AMS Law Group to Handle Your Case
AMS Law Group handles personal injury matters involving motor vehicle accidents. The firm reports more than 34 years of combined legal experience and lists featured motor vehicle accident case results, including $15 million and $9 million results. Past results do not guarantee future outcomes.
The firm works on a contingency-fee basis. You pay no upfront attorney’s fees, and attorney’s fees are charged only if the firm recovers compensation for you. AMS Law Group is available 24/7, offers free case evaluations, and provides services in English, Spanish, and Arabic. The firm states that its team responds to calls within 30 minutes or less.
Understanding Vicarious Liability in Texas Company Car Accidents
Texas recognizes a legal principle called vicarious liability, which may make an employer responsible for an employee’s negligent conduct. This principle can apply when an employee causes a crash while acting within the course and scope of employment. The legal term often used for this rule is “respondeat superior,” which is commonly translated as “let the superior answer.”
How Respondeat Superior Applies to Company Cars
Under respondeat superior, an employer may be liable when an employee causes a crash while performing job-related duties. For example, if a delivery driver causes a collision while making a delivery, the employer may be responsible for resulting damages.
The rule may apply to crashes involving delivery vans, service trucks, company cars, commercial fleet vehicles, or an employee’s personal vehicle used for business purposes. The type of vehicle is not the deciding factor. The relevant issue is whether the employee was acting within the course and scope of employment at the time of the collision.
What “Course and Scope of Employment” Means
For respondeat superior to apply, the employee generally must have been performing work-related duties at the time of the crash. Examples may include:
- Making deliveries or pickups
- Traveling between job sites or client meetings
- Running work-related errands
- Operating a vehicle for business purposes
An employee’s commute to or from work may fall outside the course and scope of employment. However, exceptions may apply when the employee was performing a work-related task or when other facts connect the trip to the employer’s business.
Who Is Liable in A Company Car Accident? When the Driver May Be Personally Liable
An employee driver may be personally liable for their own negligent driving. An employer may argue that it is not vicariously liable if the employee was using a company vehicle for a personal purpose, running a personal errand, or otherwise acting outside the course and scope of employment.
Texas courts may consider whether a deviation from work duties was substantial or minor. A significant personal departure may weigh against employer liability, while a minor deviation during an otherwise work-related trip may not necessarily eliminate it. The facts of the trip, the employer’s instructions, and the driver’s purpose can all matter.
What Happens If the Driver Is an Independent Contractor
Not every person driving a company vehicle is an employee. Vicarious liability does not automatically apply to independent contractors, including some delivery drivers and gig workers.
However, a company may still face direct-liability claims in some circumstances. For example, the facts may support allegations of negligent hiring, training, supervision, vehicle maintenance, or other conduct by the company that contributed to the crash. Whether such a claim is viable depends on the available evidence and applicable law.
Recoverable Damages After a Company Car Crash
If a company vehicle driver caused a crash, you may be able to seek damages for losses supported by the facts and applicable law, including:
- Medical bills and medically necessary future care
- Lost wages and reduced earning capacity
- Property damage to your vehicle
- Physical pain and emotional distress
- Loss of enjoyment of life
Texas uses a modified comparative responsibility rule. You may recover damages if you are 50% or less responsible for the accident. Any recovery may be reduced by your percentage of responsibility. If you are more than 50% responsible, you generally cannot recover damages.
Texas Statute of Limitations for Company Car Accidents
For many Texas personal injury lawsuits, the general filing deadline is two years from the date the cause of action accrues. Exceptions may apply. Missing the applicable deadline may prevent you from pursuing compensation through a lawsuit.
Consulting an attorney promptly may help preserve available evidence and allow time to evaluate the deadline that applies to your situation.
Frequently Asked Questions
Can I sue both the company and the driver?
In some cases, a lawsuit may name both the employee driver and the company. The driver may be liable for their own negligent conduct, and the employer may be liable under respondeat superior or a separate direct-negligence theory. Whether both parties should be named depends on the facts, evidence, and applicable law.
What if the employee was on a personal errand?
If the employee was on a personal errand and not performing work-related duties, the driver may be personally liable. The employer may dispute liability on the basis that the employee acted outside the course and scope of employment. The specific facts of the trip remain important.
Does the company’s insurance cover the accident?
Commercial auto insurance may provide coverage when an employee causes a crash while performing work-related duties, subject to the policy’s terms, exclusions, and available limits. Coverage may differ if the employee was using the vehicle for personal reasons or if another policy applies. Commercial policies do not necessarily provide higher limits than personal policies.
Contact AMS Law Group for a Free Case Evaluation
If a company vehicle hit you in Texas, AMS Law Group can review your situation, explain potential liability issues, and discuss your legal options. Call (888) 960-8363 today for a free, no-obligation consultation.
The firm is available 24/7 and works on a contingency-fee basis. You pay no upfront attorney’s fees, and attorney’s fees are charged only if AMS Law Group recovers compensation for you.