Introduction

When an accident involves a company vehicle or an employee driving for work purposes, the employer may share liability for the crash. This creates additional sources of compensation beyond the individual driver's personal insurance. Understanding employer liability rules helps maximize your recovery when company vehicles or employees are involved.

This comprehensive guide covers employer liability theories, when companies are responsible, pursuing claims against employers, and commercial insurance coverage.

Employer liability can significantly increase available compensation. We'll help you understand when and how to pursue these claims.

Respondeat Superior

Respondeat superior ("let the master answer") holds employers liable for negligent acts of employees committed within the scope of employment. If an employee causes an accident while working, the employer shares responsibility.

The employee must be acting within the scope of their job duties. Driving for work purposes, making deliveries, traveling to client sites, and running work errands typically qualify.

Personal errands or significant deviations from work duties may take the employee outside the scope of employment, potentially relieving the employer of liability.

Both the employee and employer can be sued, giving you access to both the driver's personal insurance and the company's commercial coverage.

Negligent Entrustment

Negligent entrustment holds employers liable for allowing unfit employees to drive. If the employer knew or should have known the employee was a dangerous driver, they're independently liable.

Evidence of negligent entrustment includes the driver's poor driving record, history of accidents, license suspensions, DUI history, or lack of proper licensing or training.

Employers have a duty to check driving records and ensure employees are qualified to drive for work. Failure to conduct background checks can establish negligent entrustment.

Negligent entrustment creates direct employer liability separate from respondeat superior, potentially even when the employee was outside the scope of employment.

Commercial Insurance Coverage

Company vehicles are typically covered by commercial auto insurance with significantly higher policy limits than personal auto policies, often $1 million or more.

This expanded coverage means greater potential recovery for serious injuries, beyond what would be available from an individual driver's personal policy.

Companies may also have umbrella or excess liability policies providing additional coverage beyond primary commercial auto limits.

Identifying all applicable insurance policies is essential for maximizing recovery in commercial vehicle accidents.

Trucking Company Liability

Trucking companies face extensive federal regulations requiring proper driver hiring, training, and monitoring. Violations of these regulations support negligence claims against the carrier.

Hours-of-service violations, inadequate driver screening, failure to maintain vehicles, and pressure to violate safety rules all create company liability.

Trucking companies often attempt to shield themselves through independent contractor arrangements. Depending on the actual relationship, they may still be liable.

Commercial trucking claims require specialized investigation and understanding of federal regulations. These cases often involve significant damages.

Building Your Case Against an Employer

Identify the employer and confirm the employment relationship. Vehicle markings, uniforms, and the driver's statements about their work purpose help establish employment.

Investigate the employer's hiring and supervision practices. Discovery can reveal driver qualification failures and safety policy violations.

Obtain all applicable insurance policies to understand coverage available for your claim.

Preserve evidence of the employee's work duties, schedule, and purpose for the trip at the time of the accident.

Frequently Asked Questions

Can I sue the employer if their employee hit me?
Yes, under vicarious liability if employee was working within scope of employment. Employer liable for employee actions during work. Provides additional defendant with commercial insurance and assets.
What if the driver was commuting to work?
Usually not employer liability - commuting typically outside scope of employment. Exceptions: Driving company vehicle, running work errands during commute, or special circumstances making commute work-related.
How do I prove the driver was working?
Time of accident during work hours, company vehicle, work-related trip, driver statements about working, employer records, delivery logs, and GPS data. Attorney subpoenas employment and vehicle use records.
What if the company says the driver wasn't authorized to use the vehicle?
Doesn't necessarily eliminate liability. If company routinely allowed unauthorized use, they may still be liable. Also pursue negligent entrustment if company provided vehicle to incompetent driver.
Do company vehicle cases settle for more?
Often yes. Commercial insurance has higher limits than personal policies. Companies have settlement authority and assets. Don't want negative publicity. Cases often settle higher than individual defendant cases.
Can I get the driver's employment records?
Yes, through litigation discovery. Obtain hiring records, training, driving history, disciplinary records, and drug testing. May show negligent hiring if driver had bad record employer ignored.

Conclusion and Next Steps

Employer liability expands available compensation when employees cause accidents while working. Understanding these liability theories helps you pursue maximum recovery from all responsible parties.

The most important things to remember are: identify whether the driver was working, determine the employer and their insurance, investigate hiring and supervision practices, and pursue claims against both driver and employer.

If you were injured by a company vehicle or someone driving for work, contact a qualified attorney for a free consultation. An experienced attorney can investigate employer liability and pursue claims against all responsible parties and insurers.