Vicarious Liability in Commercial Truck Accidents
A collision with a commercial truck can be a disaster. Aside from the fact that trucks are heavier and tend to cause more damage, there’s also the added hassle of identifying who is legally responsible and holding them accountable.
Under a legal doctrine known as “vicarious liability,” commercial trucking companies are financially responsible when their employees are negligent while on duty. Establishing a company’s vicarious liability can make or break a commercial truck accident lawsuit. It’s often the difference between a small award and a sizeable recovery. An experienced Texas commercial truck accident attorney understands how to determine who is responsible for your injuries and how to prove it in court.
How Vicarious Liability Works in a Truck Accident Case
Vicarious liability is based on the concept of respondeat superior, a Latin phrase that means “the master answers.” Like many ideas in civil law, it’s rooted in the traditions of Ancient Rome. In Rome, servants lacked legal personhood, so the master had to answer for any harm they caused.
Today, it applies to companies and their employees. A commercial trucking company is responsible for all accidents its drivers cause while they are on the clock and performing work-related activities. A company’s vicarious liability for an employee’s negligence is distinct from liability for negligent actions at the corporate level, including lax maintenance and irresponsible hiring practices.
When a Trucking Company May be Liable for a Driver’s Actions
Under vicarious liability, a trucking company is financially responsible for an accident if the following criteria are met:
- The driver was an employee of the trucking company at the time of the wreck.
- The employee was driving the truck within the scope of their employment.
- The employee driver’s negligence was the primary cause of the accident.
- The accident was directly related to the driver’s work duties.
The trucking company may not be liable under the following conditions:
- The driver is a contractor who operates a company truck independently of the company’s control.
- The accident occurred while the driver was traveling to or from work.
- The crash happened while the driver was conducting personal business unrelated to their work duties.
- The other driver or a third party was mostly at fault for the accident.
Proving a Trucking Company Is Responsible
To establish that a company has vicarious liability for a driver’s crash, attorneys for the plaintiff must demonstrate two things. First, they need to show that the driver was an employee of the company at the time of the accident. Second, the crash occurred within the driver’s “scope of employment.”
Evidence That Shows the Driver Is an Employee
Trucking companies sometimes try to evade vicarious liability by classifying drivers as independent contractors. Still, a court may find that a contractor is an employee if the employer substantially controls their work by dictating when, where, and how it is performed. If the company is in full control of a driver’s schedules, routes, training, and equipment, then they are generally treated as employees for the purpose of vicarious liability.
Here are some key pieces of evidence that can prove control:
- Employment contracts
- Training records
- Trip logs
- Bills of lading
Proof That the Accident Occurred Within a Driver’s Scope of Employment
For vicarious liability to apply, the plaintiff must show that the driver was working when the collision happened and that it occurred while the driver was performing their work duties. For example, if a truck driver gets into a wreck on their way to or from work, the employer is not liable. Similarly, if an accident takes place while running a personal errand, or “frolicking,” respondeat superior does not come into play.
Documents that can establish an accident occurred within a driver’s scope of employment include:
- Work schedules
- GPS evidence from vehicle data recorders
- Dispatch logs
Vicarious Liability Expands Recovery Options
Demonstrating a trucking company’s vicarious liability can make a huge difference in the final recovery. If a trucker is the only defendant, awards in a personal injury or wrongful death lawsuit are mostly limited to what can be recovered from the driver’s individual liability insurance policy. Texas law exempts houses, incomes, and up to $100,000 in personal property from collection.
But if vicarious liability is proven, you can file a joint lawsuit against the driver and their employer. Commercial insurance policies have much higher limits, and companies have more non-exempt assets that can be targeted. Trucking companies are required by state and federal law to insure freight vehicles up to $750,000, depending on the weight, and trucks carrying hazardous materials must hold minimum policies of up to $5 million.
Other Ways a Company Can Be Held Responsible
In certain circumstances, a trucking company may still be held liable for an accident caused by one of its vehicles, even if vicarious liability cannot be established.
- Negligent hiring or entrustment: If a company knowingly hired someone with a dangerous driving record or entrusted its truck to a contractor who was unfit to operate, it can be held directly liable for any accidents that result.
- Hours-of-service violations: State and federal regulations impose strict limits on the amount of time truckers can drive or be on duty without breaks. A trucking company is may be liable for allowing, coercing, or incentivizing drivers to violate these rules.
- Inadequate maintenance: Companies are accountable for maintaining their fleets and keeping them in safe working conditions. The company or its maintenance contractor may be to blame if mechanical failures like the braking or steering systems cause a crash.
Texas Law and Commercial Truck Accidents
In the past few decades, Texas lawmakers have passed tort reform legislation that limited the ability to recover damages for personal injuries, resulting in a unique legal environment that poses challenges for commercial truck accident plaintiffs.
Two-Phase Trials Under HB 19
In 2021, the governor signed into law House Bill 19, which amended the state Civil Practices and Remedies Code to allow defendant employers to split trials into two phases. The plaintiff must prove that the driver was negligent in the first phase before initiating a lawsuit against the employer in the second.
Modified Comparative Negligence
Texas courts assign blame among the parties and adjust the final settlement award based on a percentage of fault. Some states will grant plaintiffs damages even if they are mostly at fault. However, Texas has a system of modified comparative negligence that awards settlements only to those who are less than 51 percent at fault.
Damage Caps
Texas imposes no caps on economic or non-economic damages for personal injury claims, but punitive or exemplary damages are limited to $200,000 or twice the amount of non-economic damages, with a maximum of $750,000.
Talk With an Austin Truck Accident Lawyer
Vicarious liability is an essential component of any personal injury lawsuit involving a business, but it’s particularly critical to a commercial trucking crash case. Proof that a company is financially responsible for a driver’s negligence can greatly affect the final settlement. Texas trucking companies are cleverly structured to minimize risk, and multiple entities may be liable. A free case review can help you find all parties who are to blame, identify evidence, and start building a winning case.
If you were injured in a commercial truck crash in Texas, call Loewy Law Firm at (512) 280-0800. Our Austin truck accident lawyers will examine all factors that may establish vicarious liability and pursue the maximum compensation you deserve.
The content on this website is for general informational purposes and should not be considered legal advice. Laws change, and case outcomes depend on specific facts. Viewing this material does not establish an attorney-client relationship. For legal guidance on your specific situation, consult a qualified attorney.