Company Vehicle Accident Lawyer

Hit by someone driving a work truck, service van or company car? Or injured yourself while driving for work? When a crash happens on the job, the employer and its commercial insurance are often responsible, which can make a major difference in a serious injury case.

On this page: Employer liability · Contractors · Hurt while working · Evidence · Deadlines and fees · FAQ

Work trucks, service vans, sales cars, utility vehicles, construction pickups and fleet vehicles are everywhere on Southern California roads. When someone driving for work causes a crash, California law usually makes the employer responsible as well as the driver. That matters because businesses typically carry far more insurance than individual drivers. Smith Trial Group represents people injured by company vehicles, and employees injured while driving for work, throughout Orange County, Los Angeles, the Inland Empire and San Diego.

When the Employer Is Responsible

Respondeat superior

Under the legal doctrine of respondeat superior, an employer is generally responsible for the negligence of an employee acting within the scope of employment. That includes driving to a job site, making deliveries or service calls, traveling between customers, and running errands for the business. The employer is responsible even if it did nothing wrong itself.

The going-and-coming rule and its exceptions

An ordinary commute to and from work is usually not within the scope of employment. But there are important exceptions, including when the employer requires the employee to use a personal vehicle for work, when the employee is on a special errand for the employer, when the employee is traveling on business, and in some cases when the employer provides the vehicle or pays for travel time. Whether an exception applies is often the most important issue in the case.

Negligent hiring, entrustment and supervision

A business can also be directly responsible for its own negligence, for example by hiring a driver with a poor driving record, letting an unlicensed or impaired employee drive, failing to train drivers, setting unrealistic schedules, or failing to maintain fleet vehicles.

Vehicle owner liability

California Vehicle Code 17150 makes the owner of a vehicle liable when someone drives it with permission, but Vehicle Code 17151 limits that owner liability to $15,000 per person and $30,000 per accident for injuries. That is why establishing the employment relationship or the company’s own negligence is so important in serious injury cases.

Independent Contractors and Staffing Companies

Companies sometimes label drivers as independent contractors to avoid responsibility. California applies strict tests to decide whether a worker is really an employee, and the label in a contract is not the last word. Staffing agencies, franchisors and companies that control how the work is done may also be responsible. See delivery truck accidents for how this plays out with Amazon, FedEx and other delivery companies.

If You Were Hurt While Driving for Work

If you were injured in a crash while on the job, you are generally entitled to workers’ compensation benefits from your employer regardless of fault. Workers’ compensation covers medical care and part of your lost wages, but it does not pay for pain and suffering. If another driver caused the crash, you can usually also bring a third-party claim against that driver and their employer for full compensation. Your own uninsured or underinsured motorist coverage, and in some cases your employer’s, may also apply. The workers’ compensation insurer may have a lien on part of a third-party recovery, so the two claims need to be coordinated.

Evidence in Company Vehicle Cases

• Fleet GPS and telematics data showing location, speed and harsh braking.
• Dashcam footage, which many fleets now use.
• Work orders, dispatch logs, timesheets and call records showing what the driver was doing.
• The driver’s employment file, driving record and training history.
• Vehicle maintenance records.
• Commercial auto and umbrella insurance policies.

We move quickly to preserve this evidence before it is deleted or overwritten.

Deadlines and Fees

Most California injury lawsuits must be filed within two years. If the vehicle belonged to a city, county or other public agency, a government claim generally must be filed within six months. We handle company vehicle crash cases on contingency, so you pay no attorney’s fees unless we recover compensation. See also car accidents and truck accidents.

Frequently Asked Questions

Is a company responsible if its employee causes a car accident?

Generally yes, if the employee was acting within the scope of employment, such as driving to a job site, making deliveries or traveling for business. The employer can also be directly responsible for negligent hiring, training or vehicle maintenance.

What if the employee was driving their own car?

The employer may still be responsible if the employee was doing work at the time, for example running an errand for the employer, or if the employer required the employee to use a personal vehicle for work.

Is an employer responsible for an accident during an employee’s commute?

Usually not, under the going-and-coming rule. But there are exceptions, including special errands, business travel and situations where the employer requires the employee to use a personal vehicle for work.

I was hurt while driving for work. Can I sue?

You generally cannot sue your own employer, but you are entitled to workers’ compensation. If another driver caused the crash, you can usually bring a separate claim against that driver and their employer.

What if the driver was an independent contractor?

California applies strict tests to determine whether a worker is really an employee. Even if the driver was a true contractor, the hiring company may be responsible for its own negligence.

How much does it cost?

Nothing up front. We work on contingency.