How Are Accidents That Involve Commercial Vehicles Handled Differently?

In Texas, if you are injured in a collision with a commercial vehicle because the driver of that vehicle was negligent, after you’ve been treated for your injury, promptly schedule a consultation to discuss your legal rights and recourse with a Texas car accident attorney.

When the driver of a commercial vehicle is responsible for a collision, who pays for the damages? The driver, or the driver’s employer? The answer to that question will depend – usually – on whether the driver was working and “on the clock.”

To use a legal term, who pays for the damages will depend on whether the driver was acting within the “course and scope” of his or her employment duties when the accident happened.

What is Vicarious Liability?

The legal principle known as “vicarious liability” usually makes an employer liable for the negligence of employees when those employees were acting within the “course and scope” of their job duties.

Vicarious liability legally transfers liability from the employee to the employer. For example, let’s say that a delivery driver on a regular delivery route runs a stop sign and crashes into someone on a bicycle.

Under the principle of vicarious liability, the employer will probably be deemed liable for the bicyclist’s injuries because the vehicle’s driver was operating within the course and scope of his or her job duties.

When Does Vicarious Liability Apply?

In any vehicle accident, whether or not vicarious liability applies depends on the answers to these questions:

  1.  Was the driver of the vehicle an employee or an independent contractor?
  2.  Did the accident happen in the “course and scope” of the employee’s job duties?
  3.  Was the negligence of the employee accidental or intentional?

Employers in Texas may be held liable for the negligence of employees only. Employers are almost never held liable for the negligence of an independent contractor.

If you are injured by an independent contractor who is driving a commercial vehicle that is owned by the company that hired that contractor, vicarious liability is not transferred, and the company that owns the vehicle will not be deemed liable.

Who is an Independent Contractor?

After an accident that involves a commercial vehicle, determining if the driver of that vehicle was an independent contractor or an employee is not usually difficult. Here is what must be considered:

  1.  the driver’s job description
  2.  the time and location of the accident and the type of negligence involved
  3.  how much discretion and freedom the driver has regarding his or her employment duties
  4.  the driver’s intent when the accident took place

Another key factor is the type of auto insurance coverage carried by the employer. Some employers have collision insurance to cover employees; others don’t. If your own employer asks you to drive a company vehicle, you should know exactly what the coverage is before you drive.

When Doesn’t Vicarious Liability Apply?

Even when the driver of a commercial vehicle is “on the clock,” vicarious liability does not apply if that driver wasn’t acting within the course and scope of his or her employment duties.

For example, if a delivery driver takes a delivery truck to lunch and drinks too much, and then goes back to the delivery route and causes a traffic collision, the employer has no liability, because criminal behavior – driving under the influence – isn’t part of a delivery driver’s duties.

Similarly, should an employee use a commercial vehicle for personal reasons that are unrelated to the job, whether that driver is on or off the clock, the employer has no liability for a traffic collision.

When Should You Contact a Personal Injury Lawyer?

If you suffer a personal injury while driving a vehicle owned by your employer, or if you’re injured in an accident that involves a commercial vehicle, you may be entitled by Texas law to compensation for your medical costs and for the days you lose from work.

If you are catastrophically injured or if you are disabled because of the accident, you may need the maximum compensation amount that’s available. If the other driver was operating a company vehicle, and if that driver was acting within the course and scope of his or her job duties, you can probably bring a personal injury claim against the driver’s employer as well as the driver.

As soon as you have been examined and treated by a medical provider, contact a Texas personal injury lawyer who will discuss your options and rights and recommend the best way to move forward – which may be filing a personal injury lawsuit against the employer and the driver.

How Will an Attorney Help You?

If you’re injured, a Texas car accident attorney will not charge you for the first consultation and the initial review of your case. If you qualify to take legal action and you take that action, your lawyer will aggressively fight for the compensation – and for the justice – that you deserve.

If you were injured by a negligent driver while you were driving your employer’s vehicle, you can probably bring a personal injury claim against the motorist who was responsible for your injury or injuries.

If you were driving your own vehicle and you were injured in a collision with a commercial vehicle, and if the other motorist was an employee operating within the course and scope of his or her job duties, the employer probably has vicarious liability, and you can probably file a claim against the employer as well as the driver.

Mike Massey Law Will Fight for Your Compensation

If you’ve been injured because of the negligence of another, having a good lawyer’s help is your right. If you’ve been injured anywhere in the State of Texas in an accident with a commercial vehicle, the legal team at Mike Massey Law will provide a free, in-depth evaluation of your case with no obligation.

You’ll find out how Texas law applies to your case, and you’ll be able to determine if you should move forward with legal action. If you do, a Texas personal injury lawyer at Mike Massey Law will fight for the compensation you need and resolve your claim as quickly as possible.

If you are injured by a negligent motorist, whether or not that motorist was driving a commercial vehicle, call Mike Massey Law as soon as you’ve been treated for your injury – at 713-489-7360 in the Houston area or at 512-400-4430 in or near Austin.