Generally speaking, when a motorist causes an east Texas car accident while he or she is “on the clock,” the motorist’s employer may be named as a defendant in a resulting lawsuit and potentially held vicariously liable to the injured party for his or her medical expenses, lost earnings, and other damages. This benefits the injured person because, usually, an employer has “deeper pockets” (higher liability insurance limits and/or assets that could be liquidated to satisfy a judgment) than the employee.
Sometimes, an employer may be held liable for a worker’s “off-the-clock” actions, but these cases are rare. It all comes down to the specific facts of the case.
The Facts of the Case
In a recent case (Texas Court of Appeals, Third District; No. 03-18-00252-CV), the plaintiff was a man who was injured in an automobile accident allegedly caused by the negligence of the defendant’s employee. At the time of the accident, the defendant’s employee had left work and was on his way home. However, a co-worker was riding with him, and the employee decided to stop by a future work site so that the he could show the co-worker the location of the site. According to the employee, he did not intend to get out of the vehicle or speak to anyone onsite. The accident happened as the employee was attempting to turn into the driveway of the future work site. Continue Reading