Austin Company Car Accident Lawyer

In Texas, someone is hurt in an accident roughly every two minutes. When someone hits you in their personal car, the process is somewhat straightforward, but things can get complicated when the person who caused your accident is driving a company vehicle.

State laws governing liability for company car wrecks can be challenging to navigate, so you may be confused about who is on the hook for medical bills and lost wages. A dedicated and experienced attorney can help. If you were hurt in a company car accident in Austin, call Loewy Law Firm at (512) 280-0800 to speak with an Austin car accident lawyer about holding the employer and their insurer accountable.

Who Is Responsible for a Company Car Accident?

When a company vehicle is involved in a crash, the employer is typically liable if the driver was performing their work duties at the time. Still, in some instances, the driver and other parties may be named as defendants alongside or in lieu of the company. 

The Company

Under the doctrine of respondeat superior, or vicarious liability, the employer is responsible for an employee’s actions while they are working. If the driver was operating the vehicle within the “course and scope of employment” at the time of the crash, the company is liable under the law.

The Driver

The driver of the company vehicle may be responsible if the crash occurs while an employee is off duty, conducting personal errands, or traveling to and from work. For example, a delivery driver who hits someone on the way home or a salesperson who crashes on a detour to pick up groceries during sales calls would be liable.  

Third Parties

Other entities could be named as defendants if their negligence or errors contributed to the accident. A city might be partially responsible if a failure to maintain a road or proper signage led to the crash, or the fleet vehicle’s manufacturer could be to blame for defects at the time of production.

What Factors Affect Who Is Liable?

The specific facts and circumstances of cases will determine who is legally liable for damages.

The courts will consider the following factors:

• Employment status: A company car collision is only the business’s responsibility if the driver is an employee. This does not include independent contractors, rideshare drivers, or acquaintances of an employee.
• Scope of employment: If the accident happened during the course of the employee’s normal work activities or while they were performing a task specifically assigned by their supervisor, the employer will generally be responsible. 
• Employee recklessness or criminal behavior: An employee who violated policy while driving a company car by doing something grossly negligent, like driving drunk, may be liable for a greater portion or all of the damages in extreme cases.
• Employer culpability: An employer who may not be otherwise liable for a crash in a company car may still be held responsible if their negligence significantly contributed to the accident. For instance, if an independent contractor crashes due to brake failure, the employer may owe damages if the evidence shows that the company neglected to maintain its fleet.

What Steps Should You Take After a Company Car Accident?

In many respects, the initial steps following a collision with a company car aren’t too different from those you would take after crashing into a personal vehicle. Here are some of the most important:

• Seek medical attention immediately: Whether or not you feel seriously hurt, it’s critical for your health and your case to go to the ER and get yourself examined. The shock of the crash can dull pain, and some injuries don’t manifest until later. Also, the defense will use any delays in treatment to minimize your injuries in court later.
• Call the police and get reports: Police will document the scene of the accident, identify witnesses, and collect evidence. Get a business card and a report number that you can use to obtain records later.
• Document the scene and speak to witnesses: If you aren’t too injured to move, photograph the collision and the surrounding area. Using your phone, document the road conditions, cross streets, and speed limit signs. Take pictures of the damage to both vehicles and any skid marks on the road. Talk to any witnesses and get their contact information.
• Get company contact information: In addition to the driver’s individual insurance and phone number, you should ask for their employer’s details, including the driver’s supervisor and the company’s commercial insurer.
• Don’t say more than necessary: When asked questions by the other party’s insurer or the police, do not make any comments aside from the basic facts of what happened. Additional statements about how you’re feeling or your thoughts on what happened can be used against you in court.
• Begin compiling documentation: Save your bills for hospital stays, doctor’s visits, and physical therapy as well as pay stubs and human resources documents that attest to lost work hours. You’ll also need to document non-economic damages by keeping a diary of any pain, nightmares, or loss of enjoyment in activities, including sports, hobbies, and intimacy with your partner.
• Consult with an attorney: Contact a lawyer who has handled company car accidents as soon as possible. It’s never too early to consult with an attorney about your accident. Acting fast will give you the best chance of recovering the maximum damages under the law.   

What Kinds of Evidence Are Used in a Company Car Crash Case?

In addition to the typical evidence that comes into play during a car crash claim, such as medical documentation, physical evidence from the crash scene and public surveillance camera footage, other kinds of evidence may impact a company car accident lawsuit.

• Built-in surveillance devices: In Texas, employers are allowed to track company cars using GPS devices with employee notification and consent. Modern vehicles also contain event data recorders, or “black boxes” that record a vehicle’s speed, direction, and braking.
• Dashcam video: Many companies install continuously running dashboard cameras to monitor their employees’ use of company property. Some manufacturers also have these installed by default as part of their standard safety systems.
• Corporate documentation: A company’s documents can also be useful when litigating a company vehicle accident. These can include schedules, communications, training records, disciplinary histories, and an employee’s resume.

A car accident attorney can help you identify and collect the evidence to build the best case in court. Importantly, a lawyer understands that it’s vital to act quickly to prevent spoliation, or the destruction of evidence, to ensure that companies don’t erase records of crimes and recklessness.

What Kind of Settlement Can You Expect?

It’s impossible to predict with any accuracy the amount you will recover. Every case is unique, and the final settlement depends on the circumstances of your accident.

That said, company car accident lawsuits tend to yield larger awards than personal injury cases involving only individual plaintiffs, because businesses often have generous commercial coverage and liquid assets to compensate you beyond what insurance policies can typically pay. Some other elements that can factor in:

• Severity of injuries: Debilitating and disfiguring injuries result in higher economic damages and non-economic damages.
• Gross negligence: Willful negligence or criminal behavior by a company or its employees can result in punitive damages. In Texas, punitive damages are capped at $200,000 or twice the amount of economic damages, plus an equal amount of non-economic damages, whichever is greater. The maximum cap is $750,000, but the punitive cap can be waived if someone violates the Texas penal code.
• Fault on your part: Texas is a modified comparative negligence state, which means that juries assign fault to all parties as percentages and adjust the settlement accordingly. You may be entitled to compensation if your share of fault is 50% or less.

Let Loewy Law Firm Fight on Your Behalf

If you or someone you care about was hurt in an accident with a company car and you want to recover the maximum amount you’re entitled to under Texas law, you need someone in your corner who knows how to negotiate with insurers, investigate collisions, find and preserve evidence, and develop a winning case.

Contact Loewy Law Firm at (512) 280-0800 for a free consultation with an Austin company car accident lawyer today.