What if the Other Driver Was Working During My Car Crash?

If the other driver was working during your car crash, their employer may be liable for your damages.

This often means access to larger insurance policies and greater compensation potential. Employer liability adds another responsible party to your claim. 

Companies typically carry commercial insurance policies with much higher limits than personal auto policies. Your Los Angeles car accident lawyer will see if the employer may share liability and add them to your claim if they do.

Understanding Employer Liability

California law holds employers responsible for employee actions taken within the scope of employment. This legal principle is called respondeat superior, meaning “let the master answer.” 

It applies when employees cause accidents while performing job duties. The employer’s liability is vicarious, meaning they’re responsible even if they did nothing wrong.

You don’t need to prove the company was negligent. You only need to show that the employee was acting within their job scope when the crash occurred.

Determining Scope of Employment

Scope of employment includes actions reasonably connected to job duties. For instance, delivery drivers making deliveries clearly fall within scope. Sales representatives traveling between client meetings are working.

Commuting to and from work typically doesn’t count as scope of employment. However, exceptions exist for employees who drive company vehicles home or make work-related stops. 

Running work errands during a commute can establish scope. The “going and coming rule” generally excludes regular commutes. But employees paid for travel time or using company vehicles may still be within scope. 

Types of Workers Covered

Commercial truck drivers operating company vehicles are clearly within the employment scope. 

Delivery drivers for companies like Amazon, FedEx, or UPS work under their employer’s authority. Food delivery drivers using company vehicles also qualify.

Salespeople traveling to appointments represent their employers. Construction workers driving to job sites in company trucks work within the scope.

Service technicians, repair workers, and installers traveling to customer locations fall under employer liability.

Even employees running quick errands can invoke employer responsibility. Picking up office supplies, making bank deposits, or attending business lunches count as work activities.

The key question is whether the employee was furthering the employer’s business interests.

Company Vehicles vs. Personal Vehicles

Company-owned vehicles create clear employer liability. The employer controls the vehicle and bears responsibility for its use. Commercial vehicles, fleet cars, and company trucks all establish an employer connection.

Employees using personal vehicles for work create more complex situations. If the employer requires employees to use personal cars for business, liability may still attach. 

Don’t assume the other driver wasn’t working during your car crash if they were in a personal vehicle. Some employers provide vehicle allowances or require employees to be available while driving.

These arrangements can establish the scope of employment. 

Independent Contractors and Gig Workers

Independent contractors traditionally didn’t create employer liability. However, California’s AB5 law reclassified many workers as employees.

Rideshare drivers, delivery workers, and app-based contractors may now trigger employer responsibility. Uber and Lyft drivers fall under special rules.

These companies provide insurance coverage during active trips. Coverage varies depending on whether the driver had a passenger or was waiting for a ride request.

Food delivery drivers for DoorDash, Grubhub, or Postmates raise similar issues. Companies may provide coverage during active deliveries, but it will depend on the company.

Commercial Insurance Policies

Commercial auto policies typically provide much higher coverage limits. Personal policies might offer $15,000 to $100,000 per person. Commercial policies often provide $1 million or more in coverage.

Larger companies may self-insure or carry umbrella policies with multi-million dollar limits. Trucking companies must carry minimum coverage of $750,000 to $5 million, depending on cargo type. 

Some employers carry excess liability policies beyond basic commercial coverage. These additional layers provide even greater recovery potential. 

Benefits of Pursuing Employer Claims

Higher insurance limits provide adequate compensation for serious injuries. You’re more likely to recover full damages when employers are liable. Companies also have assets beyond insurance if judgments exceed policy limits.

Employers take claims more seriously than individual defendants. They want to protect their reputation and avoid litigation. This often leads to better settlement offers earlier in the process.

Multiple liable parties create leverage in negotiations. If the employer denies responsibility, you can still pursue the employee. Having backup defendants strengthens your negotiating position.

Filing Claims Against Employers

Employer claims follow the same process as other injury claims. You notify the employer’s insurance company and provide evidence of liability. Commercial insurers often have specialized claims teams.

Some employers try to hide behind workers’ compensation exclusivity. They claim workers’ comp is your only remedy. This defense fails when the employer wasn’t your employer—they employed the at-fault driver who hit you.

Government employers face special rules and shorter deadlines. Claims against city, county, or state workers require administrative claims within six months.

Federal employees trigger different procedures under the Federal Tort Claims Act.

We Can Help if the Other Driver Was Working During Your Car Crash

Early investigation preserves evidence before it disappears. Employee records, vehicle data, and company policies may be destroyed if you wait. Witnesses forget details and companies reorganize, making liability harder to prove.

Don’t delay investigating employer liability. Contact J&Y Law immediately after any accident involving a commercial vehicle or working driver. Employer liability can dramatically increase your compensation after a car crash. 

Contact J&Y Law today for a free consultation. If the other driver was working and caused your car crash, you could have access to significant compensation.