A “company vehicle” can include anything from a van or truck that workers take between job sites to a delivery van or 18-wheeler that professional drivers use daily. It can even mean a car that your company gives you to use for work and personal purposes. Who is at fault for crashes involving company cars depends on the specific facts and how the car is used.
If you were hit by someone driving a company vehicle while they were performing work tasks, their employer might be liable. If they were not working, they might be personally liable. If a crash was caused by dangerous issues with a company vehicle, then the company might be at fault for the crash, whether you were in that car or hit by that car.
For a free case review, call The Queenan Law Firm’s Dallas car accident lawyers today at (817) 476-1797.
What Do I Need to Prove to Sue a Company for a Crash with Its Vehicle?
If someone hit you with a “company vehicle,” then you may be able to sue them and the company they work for for your injuries. This requires proving three main elements, which may contain some important sub-elements:
The Driver was an Employee
Before we get into details about what happened during the crash, we need to prove the driver was an employee of the company that provided them the vehicle. “Employees” have their work controlled by their employer, while “independent contractors” are self-employed.
If the driver was properly classified as an independent contractor, then they might be responsible for the crash even if the car belonged to a company.
The Driver Was Working
If the driver was actually working at the time of the crash, their employer can be liable. If the driver was serving their own interests instead, then the crash would not be their employer’s fault.
This question of whose interests were being served is more important than whether the driver was performing their “normal” job duties. If the crash was during their work hours, that helps prove they were working, but that is not always enough evidence.
The Driver Caused the Accident Through Negligence
To hold the driver at fault, you would need to prove their negligence caused the crash. The same standard applies when holding their employer at fault in the driver’s place.
Negligence requires four elements in these circumstances:
- Duty – The driver violated a legal duty, usually based on reasonableness or explicit traffic laws.
- Breach – The driver breached that duty, e.g., by speeding, driving distracted, driving drunk, etc.
- Causation – Those actions caused the crash.
- Damages – You suffered damages and injuries in the crash.
If they intentionally caused the accident, e.g., by ramming you in a road-rage crash, that might still be the employer’s fault, too.
Can You Sue for Crashes While You Were Driving a Company Car?
If you were involved in a crash while driving a company car, you may be able to sue, but there are a few different scenarios with different rules:
Outside Driver Caused the Accident
If you were hit by another driver, then you can likely sue them for the crash. This would also conceivably allow you to file an insurance claim against them.
The fact that you were working might also entitle you to Workers’ Compensation coverage if you are covered and eligible.
The Vehicle Caused the Crash
If you were driving a company car, and the company car was what caused the accident, your employer might be responsible. This all comes down to questions, such as
- Were you working when you were driving the car?
- Do you usually drive the car for personal reasons or work reasons only?
- Does the company usually perform maintenance and upkeep, or is that your responsibility?
- When was the vehicle last repaired or inspected by your employer?
We essentially need to link the problems with the car to your employer’s fault.
On top of that, you must be eligible to sue. Many workers and employers opt out of Workers’ Compensation coverage, allowing lawsuits against an employer for work-related injuries. Otherwise, Workers’ Compensation might prevent a lawsuit against your employer, and you could then only sue third parties.
You Caused the Crash
If you caused the accident, and it cannot be blamed on the vehicle or another driver, then a lawsuit might be impossible. If you are covered under your employer’s Workers’ Compensation insurance, that should cover you even for accidental injuries you caused.
Your auto insurance might also have first-party coverages. If you were working when you were involved in the crash, then your employer’s car insurance may cover you beyond what your personal insurance would cover.
FAQS for Drivers Injured by Company Vehicles
Can I Still Sue if I Was Violating Company Policy?
If you took the vehicle beyond the scope of what it was supposed to be used for, such as using it for personal errands, then your employer might try to fight you on coverage. However, if another driver was responsible for the crash, what your employer says might not make a difference in your lawsuit because we can sue the at-fault driver either way.
What if the Other Driver Was Violating Company Policy?
If a driver hit you while they were in a company vehicle, but they were violating their employer’s policies, their employer will definitely try to use that to fight liability. Employers can only be responsible for crashes within the scope of the driver’s job, and violations of company policy might put them outside the scope.
Even so, this argument does not always work. After all, causing a crash is usually outside the scope of their job, and employers are still generally responsible for on-the-job crashes.
Can I Obtain Tracking Data for a Company Vehicle as Part of My Lawsuit?
Some companies install GPS locators, speed limiters, and other devices on their company vehicles. Our lawyers may be able to subpoena data from these devices to help prove your case.
Can I Get Company Vehicle Maintenance Records as Part of My Case?
We may also be able to subpoena company records showing when vehicles were repaired and inspected to show that the company was responsible for the crash.
Call Our Texas Car Accident Attorneys Today
For even the most complex car accident cases, call The Queenan Law Firm’s Abilene, TX personal injury attorneys at (817) 476-1797.