Attorney Jason Holladay

Who pays for a crash caused by someone driving on the clock?

On Behalf of | Apr 4, 2023 | Car Accidents

Many car crashes don’t require much consideration in order to accurately establish who was at fault and who has financial liability related to any harm that has been caused. Someone runs a red light or has a phone in their hand, making it very obvious that they are to blame for the collision that occurred, for example. The other people affected will naturally expect the person who caused the crash to provide compensation through their insurance coverage.

However, there can sometimes be confusion about who is actually at fault and also who has financial responsibility for a collision. For example, quite a few collisions that occur in Texas every day involve someone driving as part of their job. Professionals ranging from pizza delivery drivers to plumbers may have to drive while working, which causes injury victims to wonder “Who pays for the cost of a collision when someone on the clock causes a crash?”

Employers may have liability for the wreck

Most collisions lead to straightforward insurance claims that make use of the policy carried by the driver who caused the crash. That may still be what happens in a collision while someone is on the clock, especially if they are in their own vehicle at the time of the wreck.

Still, both state law and court precedent open employers up to some degree of financial liability after a crash. With rare exceptions for scenarios where workers violate company policy while driving on the job, most of the time the business could end up partially liable for the crash. Company liability may apply when someone is in their own vehicle while actively working or in a fleet vehicle, sometimes even after a shift when someone is on their way to return the vehicle.

How does this benefit those hurt in a wreck?

The insurance carried by the average person and the assets in their name will likely not be valuable enough to fully compensate affected individuals after a major collision, especially one that causes permanent or fatal injuries. Businesses have more assets and also more sizable insurance policies, which can lead to better claim outcomes for those harmed in a wreck.

Carefully evaluating an injurious situation with the assistance of a legal professional to maximize opportunities for compensation can benefit those who have been harmed in a recent motor vehicle collision.