Can an Employer Be Liable for an Employee’s Car Accident?

Carabin Shaw is one of the leading personal injury law firms in Texas. They have extensive experience in accident cases, focusing on securing compensation for clients’ medical bills, property damage, and pain and suffering.

Yes. When an employee causes a crash while working, Texas law often lets you hold the employer responsible, not just the driver. Our San Antonio car accident lawyers pursue the company behind the wheel whenever an employee hits you while doing their job, because the employer usually carries far more insurance than the individual driver. The doctrine that makes this possible is called respondeat superior, and whether it applies turns on one main question: was the employee acting within the course and scope of their job when the crash happened?

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Respondeat Superior: When the Employer Answers for the Driver

Under respondeat superior, an employer is legally responsible for the negligent acts an employee commits within the course and scope of employment. You do not have to prove the company itself did anything wrong. If the driver was on the clock and doing work the employer assigned, the business answers for the harm as if it had caused the crash directly. That matters because a delivery company, contractor, or sales business often carries a commercial auto policy with limits far above what a personal policy provides.

What “Course and Scope of Employment” Means

Course and scope covers the tasks an employer hires someone to do and the things reasonably connected to that work. A driver making deliveries, hauling freight, running a work errand, moving between job sites, or traveling to a client meeting is usually within the scope of employment. The real question is whether the employee was serving the employer’s business at the time, not only their own purposes. When a worker takes a long detour for personal reasons, the employer may avoid liability for that stretch of the trip.

The Coming-and-Going Rule

Texas follows the coming-and-going rule, which generally means an employer is not liable for a crash during an ordinary commute to or from work, since commuting counts as personal time. There are important exceptions. If the employee was running a special errand for the employer, driving a company vehicle as part of the job, or being paid for travel time, the commute can fall back within the scope of employment. We look closely at what the driver was actually doing, because these exceptions often decide the case.

These same work-crash questions come up for drivers in the Austin area.

Company Vehicles and After-Hours Use

A company vehicle adds another layer. When an employer lets a worker drive a company truck or car, the business may be liable for a crash even during some personal use, depending on the arrangement. Many employers also carry non-owned auto coverage that applies when an employee uses a personal car for work, or self-insure their fleets. We identify which policies are in play, because a work crash frequently triggers more than one source of coverage at the same time.

Independent Contractors Are Treated Differently

Employers generally are not responsible for the negligence of a true independent contractor, which is why companies so often argue a driver was a contractor rather than an employee. That label is not the final word. Courts look at how much control the company had over the work, who owned the vehicle, how the worker was paid, and whether the driving was part of the company’s regular business. We challenge a contractor defense when the facts show the company really controlled the driver’s day.

When the Company Itself Was Negligent

Sometimes the employer is directly at fault, separate from the driver’s conduct. Negligent hiring, training, supervision, and retention claims arise when a company puts an unsafe driver on the road or keeps one there. Negligent entrustment applies when an employer hands a vehicle to someone it knew or should have known was reckless, unlicensed, or dangerous. If a company ignored a driver’s history of wrecks or DWIs and let them drive anyway, that choice can make the employer liable on its own.

Why Bringing in the Employer Matters

Our San Antonio auto accident attorneys name the employer because it usually means reaching a larger insurance policy and a defendant able to actually pay a judgment. An individual driver may carry only minimum coverage, while the business behind them often holds a commercial policy worth far more. Adding the employer to the case can be the difference between a settlement that covers your medical bills and future care and one that leaves you short.

Evidence We Gather Against an Employer

Proving employer liability takes documents the company would rather keep quiet. We request the employee’s personnel file, driving record, and training history, along with dispatch logs, GPS and telematics data, delivery schedules, and the vehicle’s ownership and insurance records. These records show whether the driver was working, what the company knew, and how much control it held over the job. We move fast with preservation letters so this evidence is not lost or written over.

Talk to Our San Antonio Car Accident Lawyers

If an employee hit you while on the job, you may have a claim against both the driver and the company that put them on the road. Our San Antonio car accident attorneys will track down every responsible party and every policy that applies to your crash. Call Carabin Shaw at (210) 222-2288 for a free consultation. You pay nothing unless we win your case.

Can an Employer Be Liable for a Car Crash in Texas?