Getting into an accident is hard enough. Getting into a company vehicle accident somewhere like I-45, however, might make things even more stressful for you. The good news is if the other driver involved was working at the time of the accident, their employer may be liable for your injuries and other losses. Under the legal doctrine of "respondeat superior," employers can be held responsible for the negligent actions of their employees that occur within the scope of their job duties. This means if you were hit by a delivery driver, salesperson, or another worker driving a company vehicle, you may have a claim against the employer in addition to the individual driver.
At SJ Injury Attorneys, the legal team knows that work-related crashes in Houston introduce unique complexities. If you've been hurt by a driver who was working at the time, you may have additional avenues for seeking fair compensation for your losses. A Houston car accident attorney can help determine if the employer shares liability and pursue all available insurance coverage on your behalf.
Employer Liability in Work-Related Crashes
Under Texas Civil Practice & Remedies Code § 72.051, if an employee causes a company vehicle accident while performing their job duties, the employer may be liable under a legal theory known as "respondeat superior." This doctrine holds employers responsible for the negligent acts of their employees, as long as those actions occurred within the scope of their employment.
For example, if a delivery driver runs a red light and T-bones your vehicle while rushing to their next stop, their employer could be liable for your damages. The key factor is whether the employee was acting in the interest of their employer at the time of the crash.
This liability can extend to a variety of work-related driving situations, such as:
- Sales representatives traveling to client meetings
- Construction workers hauling materials to job sites
- Rideshare drivers transporting passengers
- Truck drivers making deliveries
- Landscapers going between projects
However, if the employee was running a personal errand or engaging in intentional misconduct at the time of the company vehicle accident, the employer may argue they aren't responsible.
Vicarious Liability and Negligent Entrustment
In some cases, employers can be held liable even if the employee's actions were outside the regular scope of their duties. Under the theory of negligent entrustment, an employer may be responsible if they allow an unfit employee to operate a company vehicle.
For example, if a company fails to do proper background checks and allows a driver with a history of DUIs to make deliveries, they may be liable for any company vehicle accidents that driver causes, even if they were impaired at the time. Employers have a duty to ensure the employees they entrust with vehicles are safe, responsible drivers.
Dealing With Company Insurance Policies
When a work-related crash occurs, you'll often be dealing with a commercial insurance policy rather than the driver's personal auto insurance. Commercial policies tend to have much higher limits to account for the increased liability exposure companies face.
However, company insurers are well-versed in finding ways to minimize payouts. They may argue the driver was acting outside the scope of their employment to avoid liability. They might also pressure you to accept a quick settlement before the full extent of your injuries is known.
An experienced Houston commercial driver accident lawyer can handle communications with company insurers, properly value your claim, and fight for the full compensation you deserve. SJ Injury Attorneys can help collect critical evidence, such as company timesheets, vehicle maintenance records, and the driver's personnel file to build a strong case.
Why Hiring an Attorney Can Help
Dealing with the fallout of a company vehicle accident can be overwhelming, especially when you're trying to recover from serious injuries. Hiring an experienced attorney can take the burden off your shoulders and ensure your rights are protected.
A skilled lawyer can:
- Investigate the accident to determine all liable parties
- Gather evidence to support your claim
- Handle communications with insurance companies
- Negotiate for a fair settlement
- Take your case to trial if necessary
- Answer any legal questions you may have
Though past results do not guarantee future ones, SJ Injury Attorneys has extensive experience handling complex company vehicle accident cases. We know how to stand up to company insurers and fight for the compensation you deserve. With our legal team on your side, you can focus on your recovery while we handle the legal heavy lifting.