Why the Employer Can Sometimes Be Held Liable Too
Under a legal doctrine called vicarious liability, sometimes referred to by the Latin term respondeat superior, an employer can be held legally responsible for harm caused by an employee acting within the course and scope of their employment, even if the employer did nothing wrong directly. In a company vehicle accident, this means the driver individual negligence, such as running a red light or driving distracted, can potentially be attributed to their employer as well, opening up the possibility of pursuing a claim against both the driver and the company.
This matters practically because employers, particularly larger companies, generally carry significantly higher commercial insurance policy limits than an individual driver private auto policy, which can meaningfully affect what compensation is realistically available in a serious injury case.
The Critical Question: Was It "Course and Scope"
The central legal question in these cases is whether the employee was acting within the course and scope of their employment at the time of the crash, meaning they were doing something reasonably connected to their job duties and for the employer benefit, rather than purely personal business. A delivery driver making a scheduled delivery, a sales representative traveling between client meetings, or an employee running a work errand in a company vehicle would generally fall within course and scope. An employee who took a company vehicle without authorization for a purely personal trip, or who had already clocked out and was commuting home in most circumstances, presents a more contested question.
Texas courts examine factors including whether the trip served the employer purpose, whether it occurred during work hours, and whether the employer had knowledge or control over the vehicle use. Because this determination is fact-specific, employers frequently dispute course and scope in litigation, making early evidence gathering, including the driver work schedule, dispatch records, and the purpose of the trip, particularly important.
What This Means for a San Antonio Claim
Texas modified comparative fault rule, under Texas Civil Practice and Remedies Code section 33.001, applies the same way in these cases as in any other negligence claim, and the standard two-year statute of limitations under section 16.003 applies to filing the lawsuit. What differs is the additional layer of investigation into the employment relationship and the purpose of the trip, since establishing vicarious liability against the employer, when the facts support it, can be a significant factor in the overall value and available compensation for a serious claim.
For someone hit by a vehicle bearing a company name or logo, or one they believe was being used for business purposes, documenting those details promptly and consulting an attorney early can help preserve the evidence needed to evaluate whether an employer, in addition to the driver, may share legal responsibility.
How to Get Legal Help
If you were hit by a vehicle displaying a company name or logo, or a vehicle you believe was being used for work purposes, photograph the vehicle markings, note the time of day and apparent purpose of the trip if possible, and request a copy of the police report, since these details can matter significantly to whether the employer can be held liable in addition to the driver.
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San Antonio Company Vehicle Accident: Who Is Actually Liable?: Frequently Asked Questions
Answers to the most common questions about this case and your legal options.
Can I sue a company if their employee hit me while driving a company vehicle?
Potentially, yes, under a legal doctrine called vicarious liability, if the employee was acting within the course and scope of their employment at the time of the crash, meaning the trip was reasonably connected to their job duties.
What does "course and scope of employment" mean?
Whether the employee was doing something reasonably connected to their job and for the employer benefit at the time of the crash, such as making a delivery or traveling between work appointments, as opposed to purely personal business unrelated to work.
Does it matter if the employee was commuting to or from work?
Generally, an ordinary commute is not considered within the course and scope of employment in most circumstances, though exceptions can exist depending on the specific facts, which is why this determination is often contested in litigation.
What is the filing deadline for these claims in Texas?
Generally two years from the date of the crash, under Texas Civil Practice and Remedies Code section 16.003, the standard statute of limitations for personal injury claims in the state.
Does Texas comparative fault apply to company vehicle accidents?
Yes, the same modified comparative fault rule under Texas Civil Practice and Remedies Code section 33.001 applies, barring recovery if you are found more than 50 percent at fault and reducing recovery proportionally otherwise.