What Happens if a Company Vehicle Causes an Accident in Texas?

When a crash involves a company vehicle, determining who is responsible may be more complicated than after an ordinary collision between two privately owned cars.



The driver may be responsible for causing the accident, but that does not necessarily mean the driver is the only party whose liability should be investigated. Depending on the circumstances, an employer or another business connected to the vehicle may also have legal responsibility.

This distinction can matter after accidents involving delivery vehicles, work trucks, service vans, commercial vehicles, company cars, and other vehicles being used for business purposes.

Texas law recognizes circumstances in which an employer can be held responsible for an employee's negligence while the employee is acting within the scope of employment. Texas also has specific statutory provisions governing certain civil actions arising from commercial motor vehicle collisions.

If you were injured by someone driving a company vehicle in Houston or elsewhere in Texas, understanding who may be responsible is an important part of evaluating your options for compensation.

What Is Considered a Company Vehicle?

A company vehicle can generally refer to a vehicle owned, leased, provided, or used by a business for work-related purposes.

Examples may include:

• Delivery vans
• Construction trucks
• Service vehicles
• Utility vehicles
• Company cars
• Landscaping vehicles
• Moving trucks
• Sales vehicles
• Work vans
• Commercial trucks
• Vehicles used to transport equipment or materials
• Other vehicles being operated for business purposes

However, simply establishing that a business owns the vehicle does not automatically answer every liability question.

One of the most important issues is often what the driver was doing when the accident occurred.

Who Can Be Responsible for a Company Vehicle Accident?

Depending on the facts, several parties may need to be investigated.

These can potentially include:

The Driver

A driver may be responsible when negligent conduct contributes to an accident.

Examples can include:

• Speeding
• Distracted driving
• Following too closely
• Unsafe lane changes
• Running a red light or stop sign
• Failing to yield
• Driving while fatigued
• Driving while impaired
• Failing to maintain a proper lookout
• Other unsafe driving behavior

But when the driver is an employee performing work duties, the inquiry may extend beyond the individual behind the wheel.

The Employer

Under the doctrine commonly known as respondeat superior, an employer may be vicariously liable for an employee's negligence when the employee was acting within the course and scope of employment.

The Supreme Court of Texas has explained that establishing vicarious liability requires showing that the worker was acting in the course and scope of employment when the accident occurred.

This can make the driver's activities at the time of the crash particularly important.

Other Businesses or Parties

Some accidents may involve additional parties depending on how the vehicle was owned, maintained, loaded, or operated.

For example, an investigation might examine the potential involvement of:

• A vehicle owner
• A contractor or subcontractor
• A maintenance provider
• A trucking company
• A cargo-related company
• A manufacturer of a defective vehicle or component
• Another motorist who contributed to the collision

Not every company vehicle accident will involve multiple responsible parties. The facts determine which individuals and businesses should be investigated.

What Does “Scope of Employment” Mean in Texas?

Whether an employee was acting within the scope of employment can be a central issue in a company vehicle accident.

Texas courts look at the connection between an employee's work duties and the conduct that caused the injury.

For example, an employee could potentially be acting within the scope of employment while:

• Making a delivery
• Traveling between job sites
• Transporting equipment
• Visiting a customer
• Performing a service call
• Driving a route assigned by the employer
• Carrying out another work-related task

Texas courts have described the scope-of-employment inquiry as focusing on whether there is a connection between the employee's job duties and the conduct at issue.

That does not mean every accident involving an employee driving a company-owned vehicle automatically creates employer liability.

What if the Employee Was Using the Vehicle for Personal Reasons?

This can significantly change the analysis.

Suppose an employee is allowed to take a company vehicle home but uses it for an unrelated personal errand. If an accident happens during that trip, questions may arise about whether the employee was actually furthering the employer's business at the time.

Texas case law recognizes that merely possessing or driving an employer's vehicle does not necessarily establish that an employee was acting within the scope of employment.

An investigation may therefore consider questions such as:

• Where was the driver going?
• Why was the driver on the road?
• Was the driver on the clock?
• Was the trip required by the employer?
• Was the employee making a delivery?
• Was the employee traveling between work locations?
• Had the employee departed from a work assignment for personal reasons?
• What instructions had the employer given the driver?

The answers can help determine whether the driver's conduct was sufficiently connected to employment.

What if the Driver Was Commuting to or From Work?

Commuting cases can present another complication.

As a general principle, an employee's ordinary travel to and from work does not necessarily make the employer responsible for an accident simply because the employee is going to or leaving the workplace.

However, Texas courts recognize that particular circumstances can raise additional questions, including situations involving a work-related mission or travel connected to an employee's duties.

Because the analysis can depend heavily on the purpose of the trip, these cases should be evaluated individually.

Are Company Vehicle Accidents Different From Regular Car Accidents?

They can be.

A typical car accident may primarily involve two drivers and their personal auto insurance policies.

A company vehicle accident can introduce additional issues involving:

• Employer responsibility
• Commercial insurance
• Vehicle ownership
• Employment records
• Driver policies
• Maintenance records
• Work schedules
• Dispatch records
• Electronic vehicle data
• Multiple potentially responsible parties

Texas law also has specific rules for certain lawsuits involving commercial motor vehicles.

Under Chapter 72 of the Texas Civil Practice and Remedies Code, a “commercial motor vehicle” generally includes a motor vehicle used for commercial purposes in interstate or intrastate commerce to transport property or passengers, deliver or transport goods, or provide services. The statutory definition excludes a vehicle being used for personal, family, or household purposes at the time of the collision.

Not every company-owned vehicle will necessarily fall within that definition in every circumstance.

How Does Texas Law Address Employer Liability in Commercial Vehicle Cases?

Texas Civil Practice and Remedies Code Chapter 72 contains special procedural provisions for certain commercial motor vehicle accident lawsuits.

For example, Section 72.054 addresses employer liability for damages caused by an employee's ordinary negligence in operating a commercial motor vehicle.

If an employer makes the required stipulation that the driver was its employee and was acting within the scope of employment at the time of the collision, the statute provides specific rules concerning how ordinary negligence claims against the employer are handled.

This is one reason commercial vehicle litigation can involve legal issues that do not ordinarily arise after a standard passenger-car collision.

Can a Company Be Responsible for Its Own Negligence?

Depending on the facts and applicable Texas law, an investigation into a serious commercial vehicle accident may look beyond the driver's conduct.

Potential issues could involve matters such as:

• Entrusting a vehicle to a particular driver
• Vehicle maintenance
• Compliance with applicable safety requirements
• Company practices
• Driver qualifications
• Other conduct related to the operation of the vehicle

However, the claims that can actually proceed—and when certain evidence can be presented—may be affected by Texas's commercial motor vehicle statutes.

For example, Chapter 72 contains provisions addressing claims such as negligent entrustment when an employer stipulates that the employee was acting within the scope of employment.

The available claims therefore depend on much more than simply establishing that a company owned the vehicle.

What Evidence Can Help Establish Whether the Driver Was Working?

Evidence about the driver's activities can be especially important when an employer disputes responsibility.

Depending on the case, relevant evidence might include:

• Employment records
• Work schedules
• Delivery records
• Dispatch records
• GPS information
• Electronic communications
• Time records
• Customer appointments
• Route information
• Vehicle-use policies
• Witness statements
• Receipts
• Company records
• Electronic vehicle data

For example, records showing that a driver was traveling to a scheduled service appointment could help establish the business purpose of the trip.

Conversely, evidence showing that the driver had abandoned a work assignment to pursue a purely personal activity could affect the analysis.

Why Is Preserving Evidence Important After a Commercial Accident?

Some of the most useful evidence after a company vehicle accident may be held by the business rather than the injured person.

Depending on the vehicle and company, records could include:

• GPS history
• Driver logs
• Dispatch information
• Vehicle inspection records
• Maintenance records
• Dashcam footage
• Electronic vehicle information
• Employment records
• Company communications
• Driver qualification information
• Safety policies

Other evidence may come from outside the company, including surveillance cameras, traffic cameras, witnesses, photographs, and police reports.

Some information may not remain available indefinitely. Beginning an investigation promptly can help identify evidence that should be preserved.

What if a Delivery Driver Causes the Accident?

Delivery vehicle accidents are a good example of why employment status and the purpose of a trip matter.

If a driver causes an accident while actively delivering goods for an employer, there may be a strong factual connection between the driving and the driver's job responsibilities.

But delivery arrangements can vary significantly.

The driver could potentially be:

• A direct employee
• An independent contractor
• Working for a delivery company
• Working through another business arrangement
• Operating a personally owned vehicle
• Operating a company-owned vehicle

Those distinctions can affect which parties may be legally responsible.

The logo on a vehicle or uniform may provide useful information, but it should not be treated as the final answer regarding the driver's employment relationship or liability.

What if an Independent Contractor Was Driving?

The distinction between an employee and an independent contractor can become important.

Traditional vicarious liability principles generally focus on an employer's responsibility for employees acting within the scope of their employment. If the driver is classified as an independent contractor, the liability analysis can be different.

However, a company's description of someone as an “independent contractor” does not necessarily resolve every legal issue by itself.

The actual working relationship and other facts may need to be examined.

This can be particularly relevant in industries involving delivery drivers, contractors, transportation companies, construction businesses, and other commercial operations.

What if a Commercial Truck Causes the Accident?

Commercial truck accidents can present even more complicated liability questions.

In addition to the truck driver and employer, an investigation may need to consider parties involved with:

• Truck ownership
• Trailer ownership
• Maintenance
• Inspection
• Cargo loading
• Dispatching
• Vehicle components
• Other commercial operations

Brown & Musslewhite, Ltd., LLP represents victims of truck and commercial vehicle accidents in Houston and throughout Texas. The firm emphasizes identifying responsible parties in serious truck accident cases.

Does Commercial Insurance Matter?

Yes.

A company vehicle may be covered under a commercial auto insurance policy rather than an ordinary personal auto policy.

Determining available coverage can involve reviewing:

• Who owns the vehicle
• Who employed the driver
• Which policy covers the vehicle
• Whether additional policies apply
• The driver's relationship to the business
• The purpose for which the vehicle was being used

Insurance coverage questions can become particularly important when an accident results in severe injuries and substantial financial losses.

However, the existence of a commercial policy does not automatically establish liability. Responsibility for the accident and applicable insurance coverage are related but distinct issues.

What Damages May Be Available After a Company Vehicle Accident?

The compensation available depends on the circumstances of the accident and the injuries sustained.

A personal injury claim may potentially involve damages related to:

• Medical expenses
• Future medical treatment
• Lost income
• Reduced earning capacity
• Physical pain
• Mental anguish
• Physical impairment
• Property damage
• Other legally recoverable losses

The amount available in any particular case depends on the evidence, the extent of the injuries, responsibility for the accident, and other factors.

Texas's proportionate responsibility rules may also affect recovery if the injured person is found partially responsible for the accident.

What if the Company Blames You for the Crash?

Businesses and insurers may dispute liability after a collision.

They could argue that you were:

• Speeding
• Distracted
• Following too closely
• Driving in the company's blind spot
• Making an unsafe lane change
• Failing to yield
• Otherwise contributing to the collision

As discussed under Texas's proportionate responsibility laws, sharing some responsibility does not necessarily eliminate a personal injury claim. A claimant who is more than 50% responsible is generally barred from recovery, while recoverable damages may be reduced when the claimant is 50% or less responsible.

This makes objective evidence especially important when the parties disagree about how the collision occurred.

What Should You Do After Being Hit by a Company Vehicle?

Your health and safety should come first.

When possible, steps after a collision may include:

1. Seek appropriate medical attention.
2. Report the accident to law enforcement when required or appropriate.
3. Photograph the vehicles and accident scene.
4. Document the company name and any identifying information displayed on the vehicle.
5. Obtain the driver's contact and insurance information.
6. Collect witness contact information.
7. Keep records of medical treatment and accident-related expenses.
8. Avoid guessing about fault when speaking about the accident.
9. Preserve photographs, video, correspondence, and other documentation.
10. Consider speaking with a personal injury attorney before providing detailed statements to another party's insurer.

Company vehicle cases may involve evidence and responsible parties that are not immediately obvious at the scene.

Is There a Deadline for Filing a Company Vehicle Accident Claim in Texas?

Yes.

Texas generally imposes a two-year statute of limitations on personal injury lawsuits. However, exceptions and special circumstances can affect the applicable deadline.

Waiting until the deadline approaches can also make an investigation more difficult because records, video footage, witnesses, and other evidence may become harder to obtain.

If a governmental entity or government-owned vehicle is involved, additional notice requirements and different legal rules may apply.

For those reasons, the specific deadline should be evaluated based on the circumstances rather than assuming every vehicle accident follows an identical timeline.

Why Identifying the Right Defendant Matters

A company vehicle accident should not necessarily be approached as though it were simply a claim against the person who happened to be driving.

A proper investigation may need to answer:

Who employed the driver?

Who owned the vehicle?

What was the driver doing at the time?

Was the trip connected to the driver's job?

What insurance policies apply?

Did another company contribute to the accident?

What records exist that could help establish responsibility?

Those questions can reveal a much more complete picture of the accident.

Brown & Musslewhite's own case results include multiple commercial vehicle matters, including reported settlements and jury verdicts, making commercial accident litigation a particularly relevant area of the firm's personal injury practice.

Injured by a Company Vehicle in Houston, Texas?

An accident involving a company car, delivery vehicle, work truck, service van, or other commercial vehicle can raise questions that do not typically arise after an ordinary car accident.

Determining whether the driver was working, whether an employer may be responsible, what insurance applies, and whether additional parties contributed to the accident can all be important parts of the investigation.

Brown & Musslewhite, Ltd., LLP represents people injured in commercial vehicle, truck, auto, and other serious accidents in Houston and throughout Texas. The firm offers free consultations and handles personal injury matters on a contingency-fee basis, meaning clients do not pay an attorney's fee unless money is recovered through a settlement or judgment.

If you were injured in an accident involving a company vehicle, contact Brown & Musslewhite, Ltd., LLP to discuss what happened, who may be responsible, and the options available for seeking compensation.