When an employee causes a crash while performing work duties, both the driver and the employer may be legally responsible for the resulting injuries and losses. Responsibility depends on what the employee was doing, whether the trip benefited the employer, who owned the vehicle, and which insurance policies apply.
When Can an Employer Be Responsible for an Employee’s Driving?
An Arizona employer may be responsible when an employee negligently causes a collision while acting within the scope of employment. This principle is commonly called vicarious liability or respondeat superior.
The issue is not resolved merely because the employee was driving a vehicle with a company name on it. The facts must show a meaningful connection between the driving and the employee’s work.
Relevant questions may include:
- Was the employee making a delivery?
- Was the employee traveling between job sites?
- Was the employee meeting a customer?
- Was the employee transporting equipment or supplies?
- Did the employer direct or approve the trip?
- Was the trip intended, at least partly, to benefit the employer?
- Did the crash occur during the employee’s working hours?
An employee delivering materials to a project is more likely to be acting within the scope of employment than an employee using the company vehicle for a completely personal activity.
At Folger Law Firm, we examine the purpose of the trip rather than relying only on who owned the vehicle.
Is the Employee Still Personally Responsible for the Crash?
The employee may remain personally responsible for negligent driving even when the employer is also included in the claim. Drivers have a duty to operate vehicles with reasonable care, obey traffic laws, and respond appropriately to road conditions.
A car injury attorney may evaluate whether the employee was speeding, distracted, impaired, following too closely, making an unsafe turn, or failing to yield. Evidence may include:
- Police reports
- Photographs and video
- Witness accounts
- Vehicle damage
- Mobile-device records
- Company dispatch information
- GPS or telematics data
- Medical documentation
Identifying an employer does not automatically remove the employee from the case. More than one person or business may share legal responsibility for the same collision.
What If the Employee Was Commuting to or From Work?
Ordinary travel between home and a regular workplace is generally treated differently from driving performed as part of assigned job duties. An employer may argue that the employee was commuting and was not acting within the scope of employment.
However, exceptions may arise depending on the purpose of the trip. For example, additional investigation may be needed when the employee was:
- Carrying company equipment
- Making a work-related stop
- Traveling to a temporary assignment
- Responding to an employer’s request
- Driving between multiple work locations
- Performing a task before arriving at the regular workplace
The employee’s job title does not decide the issue. Automobile accident attorneys must consider where the employee was going, why the trip occurred, and how much control the employer exercised over the activity.
Can the Employer Be Directly Responsible for Its Own Conduct?
An employer may face a direct negligence claim in addition to responsibility for the employee’s driving. These claims focus on the company’s own actions or omissions.
Depending on the evidence, direct responsibility could involve:
- Inadequate review of the employee’s driving record
- Allowing an unqualified person to operate a company vehicle
- Insufficient driving instruction
- Ignoring known safety concerns
- Failing to maintain a company-owned vehicle
- Creating schedules that encourage unsafe driving
- Continuing to employ a driver after relevant incidents
A car crash injury lawyer may request personnel documents, training materials, vehicle records, safety policies, disciplinary history, and internal communications. Some of this evidence may be controlled by the employer and should be requested before it is routinely deleted or lost.
Does Company Ownership of the Vehicle Establish Liability?
Vehicle ownership is important, but it does not determine every issue. A company may own the vehicle while an employee uses it without authorization or for an activity unrelated to work.
Conversely, an employee may use a personal vehicle for company business. In that situation, the employer could still be involved even though its name is not on the vehicle registration.
The investigation should determine:
- Who owned the vehicle
- Who gave the driver permission to use it
- Whether the employee was working
- Whether the employer controlled the trip
- Whether a company policy limited personal use
- Whether the employer knew how the vehicle was being used
Our Arizona car accident representation includes examining the relationships among the driver, employer, vehicle owner, and insurers.
Which Insurance Policies May Cover the Injuries?
Company-vehicle crashes can involve more coverage questions than collisions between two privately owned vehicles. Potential coverage may include:
- The employer’s commercial automobile policy
- A fleet insurance policy
- The employee’s personal automobile policy
- An umbrella or excess liability policy
- The injured person’s uninsured or underinsured motorist coverage
- Self-insurance maintained by a larger company
Arizona law generally requires an owner’s qualifying motor-vehicle liability policy to insure people using the vehicle with the owner’s express or implied permission, subject to the policy and lawful exclusions.
An insurer may dispute whether the driver had permission, whether the employee was performing work, or whether a particular policy applies. Auto injury attorneys can review the available policies and determine whether additional coverage should be investigated.
What Damages May Be Available After a Company Vehicle Crash?
An injured person may be able to pursue compensation for losses caused by the collision. Depending on the evidence, those losses may include:
- Medical expenses
- Future treatment needs
- Lost income
- Reduced earning capacity
- Property damage
- Physical pain
- Emotional harm
- Loss of normal activities
The value of a claim depends on the nature of the injuries, available insurance, liability evidence, medical documentation, and the long-term effects of the crash. No outcome can be determined from the type of vehicle alone.
When Should You Contact a Car Accident Injury Law Firm?
Prompt investigation can be particularly important when a company vehicle is involved. Employers may possess driving logs, work orders, GPS records, schedules, personnel files, surveillance footage, and vehicle data that are not included in a standard police report.
We can investigate whether the employee was performing job duties, identify potentially responsible parties, evaluate available coverage, and communicate with the insurers involved.
Call Folger Law Firm at (602) 774-0033 or contact our Phoenix legal team to discuss a collision involving an employee or company vehicle.