If you have been hit by a company driver in Texas, then not only can the driver be held responsible for the damages, but there are also options to pursue compensation from the employer as well. In the state of Texas, the law allows you to pursue the company directly, which is often a smart strategy to take because it usually results in higher compensation.
Who pays when a company vehicle causes a car accident in Texas? The answer to this question can be complicated, because it depends on the circumstances of the accident. So, the best thing that you can do is consult with an experienced car accident attorney for personalized recommendations so that you can maximize your claim.
Here’s how this process works, and the things that you need to do to protect your settlement:
The Most Important Question: Was the Driver “On the Job”?
In the state of Texas, if a person is acting within the scope of their employment when the accident occurred, then it means that the employer is liable for the harm that was caused. So, if you are hit by a company car in Texas, then the first question you need to ask is whether the person was actively on the job at the time of the crash.
Your car accident attorney can help you dial in the “scope of employment,” which might include deliveries, client visits, and errands at the request of a manager or supervisor. If the driver was performing any activity for the benefit of the employer, then the driver was technically on the job, and the employer could hold liability in the accident.
Be aware that some companies will try to fight back with a “frolic and detour” strategy. For example, if the driver was on a personal errand while in the company car, then the employer might try to argue that they are not liable for the accident. This is why it’s essential to hire a skilled attorney for assistance, especially when the company is trying to get out of liability.
The 5 Parties That Can Be Liable After a Work Vehicle Accident
Determining who pays when a company vehicle causes a car accident in Texas isn’t a straightforward process, which is why it’s critical that you have a skilled legal team building your case. In fact, there are times when multiple parties can be held liable for the accident:
- The Employer: If the driver was on the clock and performing their job duties when the accident happened, then the employer holds direct liability.
- The Driver: In every work vehicle accident, the driver will always be a named party. But the harsh reality is that individual coverage limits are typically not enough to cover the most serious injuries and damages.
- Negligent Entrustment: You might have an extra angle to pursue if the company handed keys to a driver who has a known history of driver’s license suspensions, DUIs, or prior crashes on their record. Even if the driver was off the clock when the accident occurred, if they were in a company car, then negligent entrustment might be used to hold the company liable.
- Negligent Hiring or Supervision: If the company failed to run background checks or they have a history of ignoring complaints about a driver’s poor behavior, then additional liability can be used in the case.
- Third Parties: Sometimes, third parties are named in the claim. For example, if improper vehicle maintenance occurred or there was a defect with the vehicle, and these issues contributed to the cause of the crash, then the manufacturer or maintenance provider might be found liable.
The Independent Contractor Question: Who is Liable in a Company Vehicle Accident?
One way that companies try to minimize their liability is by classifying drivers as independent contractors instead of employees. But this classification is often not legal due to the nature of the driver’s work duties.
If you are suing a company after a car accident in Texas, then the courts will look at the nuances of who was actually controlling the driver’s work. Even if the contract says that the driver was an independent contractor, the company could still be found liable if they were dictating the actual hours and routes and/or required the use of company vehicles.
Since delivery companies and logistics firms often try to use this tactic, you need an attorney who can help you build a case that challenges the classification. Proving that the company shares liability is one of the best strategies to maximize available compensation.
FAQ
Can I sue a company if its employee hit me in Texas?
Yes, if the crash happened when the driver was performing their scope of employment, then laws in the state of Texas allow the employer to be held liable directly.
What if the driver was using the company car for personal reasons?
If the driver was running a personal errand in a company car at the time of the accident, then the employer might argue a “frolic and detour” to minimize liability.
What is negligent entrustment, and when does it apply?
When the company had prior knowledge that a driver wasn’t fit for safe driving, then negligent entrustment might apply when the company vehicle was given to the driver (regardless of whether the driver was on or off the clock when the accident occurred).
How long do I have to file a claim after a company vehicle accident in Texas?
The statute of limitations in the state of Texas is two years from the date of the accident. But keep in mind that it’s essential to pursue the case immediately, especially because evidence can start to disappear the longer you wait.
Hit by a Company Vehicle in South Texas? The Green Law Firm Fights for You.
Our legal team offers skilled representation for car accident victims. If you’ve been in an accident that involved a company vehicle, then reach out to us right away to learn more about your legal rights.
Contact us at Green Law Firm to schedule your no-obligation consultation to learn more about the best way to pursue a successful accident claim: (956) 542-7000.
