Can you sue a company when its employee causes an accident in Texas?
Potentially. A Texas company may be legally responsible for an employee’s negligent conduct when the applicable requirements for employer liability are satisfied, including circumstances involving conduct within the course and scope of employment. Depending on the evidence, separate allegations concerning the company’s own conduct may also arise. The employee’s job status and what the employee was doing when the accident occurred are therefore important.
Why Does the Employee’s Work Status Matter?
An accident involving a company vehicle does not automatically make the company liable, and the absence of a company logo does not automatically eliminate employer-related issues.
The investigation should determine the relationship between the driver and business and what the driver was doing when the collision occurred.
What Does Course and Scope of Employment Mean?
Employer liability can depend on whether the employee was acting in furtherance of the employer’s business and within the scope of the employment relationship under applicable Texas law.
The analysis is fact-specific. A worker performing an assigned delivery can present different issues from someone engaged solely in a personal activity.
What Evidence Can Show the Driver Was Working?
Potential evidence can include:
- Employment records
- Time records
- Dispatch information
- Delivery records
- GPS or route information when lawfully available
- Company communications
- Vehicle ownership records
- Witness testimony
- Contracts concerning the driver’s work relationship
Can the Company’s Own Conduct Be Investigated?
Depending on the facts and legally viable claims, a company’s own conduct may require examination. Examples can involve hiring, supervision, training, vehicle maintenance or other operational conduct.
These allegations require supporting evidence and should not be assumed merely because an employee caused an accident.
What If the Driver Is Called an Independent Contractor?
A contractual label can be relevant, but legal responsibility may require a closer examination of the actual relationship and the specific theory asserted.
Commercial transportation arrangements can involve employers, contractors, motor carriers and other businesses with different roles.
Why Can Employer Involvement Matter to an Injury Claim?
Identifying all legally responsible parties can affect the evidence that must be preserved, the insurance policies involved and the entities participating in the litigation.
It does not mean that every business connected to a driver is automatically responsible.
What If the Employee Was Driving a Delivery Vehicle?
Delivery crashes can involve dispatch records, route data, delivery schedules, employer communications and commercial insurance information.
Those records may help determine whether the driver was performing work duties and which entity controlled the operation.
Commercial Vehicle Accident Resources
For additional information, see the firm’s Dallas commercial vehicle accident page and Fort Worth commercial vehicle accident page.
Frequently Asked Questions
Is a company automatically liable because its employee caused a crash?
No. The legal relationship, employee’s conduct and applicable employer-liability requirements must be established.
What if the employee was driving a company vehicle?
Vehicle ownership can be relevant evidence, but it does not by itself resolve every question of liability.
Can both the employee and employer be involved in the same lawsuit?
Potentially, depending on the claims, facts and applicable Texas law.
What records can show whether the driver was working?
Employment, dispatch, delivery, time, route and company communication records may be relevant depending on the circumstances.
Injured by a Driver Working for a Company?
The Piri Law Firm can investigate the driver’s employment relationship, commercial insurance and other evidence relevant to a Texas accident claim.
This article provides general information and is not legal advice. Employer liability depends on the particular employment relationship, conduct and applicable Texas law.
