Determining Liability for Company Vehicle Accidents
All auto accidents have the potential of becoming complex, but those involving company vehicles are particularly complicated and confusing. Are employers liable for their employees’ actions when they are operating a company vehicle? Who is liable if the employee is not on duty at the time of a crash and their negligence caused or contributed to the crash? These are some of the most common questions we hear after work-related crashes. Below, our San Antonio company vehicle accident lawyer answers them.
What is a Company Vehicle?
It is natural to first think of 18-wheelers and other types of transport trucks when thinking of company vehicles. However, there are others, as well. They include:
- Agricultural trucks
- Box trucks
- Car carriers
- Cargo vans
- Cement mixers
- Construction vehicles
- Corporate automobiles
- Delivery trucks
- Delivery vans
- Dump trucks
- Garbage trucks
- Ice cream trucks
- Limousines
- Minivans
- Passenger buses
- School buses
Who is Liable if an Employee is Working at the Time of a Crash?
When an employee is working and considered to be on duty, they are acting as an agent for their employer. Due to this, employers are generally liable for the actions of their employees. This is a legal concept known as vicarious liability. When an employee is working and is officially on duty, their employer may be partly liable if the employee acted negligently and caused the accident.
Under tort law in Texas, if another driver caused the crash, they are liable for the crash and for paying any damages that result.
Who is Liable if an Employee Was Not Working at the Time of the Accident?
If an employee is not officially on duty when they are involved in a company vehicle accident, they may be liable for the crash. For example, a limousine driver may take the vehicle home after their shift and use it for their own personal use without their employer’s knowledge. If they acted negligently and caused the accident, the employee may be liable for the accident.
Still, there are times when employers can be held liable for a company vehicle accident, even if they did not give an employee permission to use it after work hours. For example, employers have a duty to ensure that their vehicles are properly maintained to keep everyone safe. When they fail to do this and a defective or faulty vehicle or auto part causes an accident, the employer may be liable for paying compensation.
Our Company Vehicle Accident Lawyer in San Antonio Can Determine Liability
Determining liability is never easy. This is particularly true when an employee is involved in a company vehicle, regardless of whether they were working or not at the time. At the Law Office of Israel Garcia, our San Antonio company vehicle accident lawyer can investigate your crash, determine who is liable for paying damages, and hold them accountable so your rights are protected. Call us today at 210-LAW-9999 or fill out our online form to arrange a consultation and to get more information about how we can help.
