Hurt in a Company Vehicle Accident in Texas? You Can Hold More Than the Driver Accountable
When a delivery van, service truck, or corporate fleet vehicle causes a crash, the driver is rarely the only one responsible. Scutt Law PLLC helps injured Texans go after every party that owes them.
Company Vehicle Accidents Aren’t Like Ordinary Car Crashes
A crash with a company vehicle can turn your life upside down in seconds. You may be facing surgery, missed paychecks, and a stack of medical bills, while a corporate insurer already has a team working to limit what it pays you.
Several things set these cases apart from a typical fender-bender:
- More than one defendant. The driver, the employer, a staffing agency, a vehicle owner, or a maintenance contractor may all share responsibility.
- More insurance, and more adjusters. Commercial policies are larger than personal auto policies, and the companies behind them move fast to protect themselves.
- Heavier vehicles, more serious injuries. Box trucks, cargo vans, and tractor-trailers cause far more damage than passenger cars.
- Extra regulations. Federal and state safety rules cover commercial drivers and carriers. Violations can become strong evidence in your case.
- Evidence that disappears. Dashcam video, GPS data, and driver logs can be overwritten or lost within days or weeks, if the company doesn’t preserve them.
If you were hurt, you don’t have to take on a corporation by yourself.
Common Causes and Types of Company Vehicle Accidents
Company vehicles come in many forms, and so do the ways crashes happen.
Types of vehicles we see
- Delivery vans and box trucks (package, grocery, food, and retail delivery)
- Semi-trucks and 18-wheelers (long-haul and regional freight)
- Service and utility vehicles (HVAC, plumbing, electrical, cable, and pest control vans)
- Rideshare and taxi vehicles
- Corporate and sales fleet cars
- Contractor and construction vehicles, including dump trucks and trucks pulling trailers
- Company vehicles driven by employees on errands or business travel
Common causes
- Driver fatigue and violations of hours-of-service rules
- Distracted driving, including phones, dispatch apps, and GPS devices
- Speeding or rushing to meet delivery quotas and tight schedules
- Poor vehicle maintenance (brakes, tires, lights)
- Improperly loaded or overloaded cargo
- Inadequate driver training or unqualified drivers
- Impaired driving
- Unsafe lane changes, wide turns, and blind-spot collisions
When a company’s policies or pressure on its drivers contributed to the crash, that is often a major part of the claim.
Who Can Be Held Liable?
Many people assume a crash claim goes after the driver and nothing more. With company vehicles, liability often reaches much further.
Vicarious liability (respondeat superior)
Employers are generally responsible for the negligent acts of employees who are acting within the “course and scope” of their job. If a driver caused a crash while making deliveries, traveling to a job site, or doing other work, the company may be responsible for your damages, not just the driver. This also matters because the employer usually carries the larger insurance policy.
Direct negligence by the company
Separate from the driver’s actions, a company can be liable for its own mistakes, such as:
- Negligent hiring. Failing to check driving records, licenses, or backgrounds.
- Negligent training or supervision. Failing to train drivers properly or monitor unsafe behavior.
- Negligent entrustment. Letting an unqualified, unlicensed, or impaired driver use a company vehicle.
- Negligent maintenance. Ignoring needed repairs or inspections.
- Unsafe policies. Setting delivery quotas or schedules that push drivers to break the rules.
The “independent contractor” defense
Companies often say, “He wasn’t our employee. He was an independent contractor.” This is one of the most common ways businesses try to dodge responsibility. But a label on a contract doesn’t settle the question. Courts look at how the relationship works in reality, including who controlled the driver’s schedule, routes, vehicle, uniform, and methods of work.
Even when a driver truly is a contractor, other parties may still be responsible:
- The company that owned the vehicle
- The motor carrier that dispatched the load
- A staffing agency or broker
- A maintenance or repair shop
- A cargo loader or shipper
Experienced investigation matters here. We look past the paperwork to find every party that may owe you compensation.
What Compensation Is Available?
Every case is different, and no lawyer can promise a specific result. Depending on the facts, injured people may be able to recover:
Economic damages
- Past and future medical expenses (emergency care, surgery, rehabilitation, medication, ongoing treatment)
- Lost wages while you recover
- Loss of earning capacity if you can’t return to your previous work
- Property damage (vehicle repair or replacement)
- Out-of-pocket costs such as transportation to appointments and home modifications
Non-economic damages
- Pain and suffering
- Physical impairment and disfigurement
- Mental anguish and emotional distress
- Loss of enjoyment of life
Punitive (exemplary) damages
In rare cases involving gross negligence, such as a driver who was intoxicated or a company that knowingly ignored serious safety violations, Texas law allows punitive damages to punish the wrongdoing and deter it in the future. These are harder to obtain and are subject to legal limits.
Wrongful death
If you lost a loved one in a company vehicle crash, eligible family members may be able to pursue a wrongful death claim for funeral costs, loss of companionship, and loss of financial support.
Company Motor Vehicle Accidents in Texas
Texas has its own rules that can make or break a claim. Here is what you should know.
Texas modified comparative fault (the 51% bar)
Texas uses a proportionate responsibility system. A jury decides what percentage of fault belongs to each person involved, including you.
- If you are found 50% or less at fault, you can still recover, but your award is reduced by your percentage of fault.
- If you are found 51% or more at fault, you are barred from recovering anything.
Because the 51% line is so important, insurers often try to shift blame onto injured people. Don’t give a recorded statement or say anything about fault before speaking with an attorney.
Statute of limitations: 2 years
In most Texas cases, you have two years from the date of the accident to file a lawsuit for:
- Personal injury
- Property damage
- Wrongful death (generally two years from the date of death)
Miss the deadline, and you will likely lose your right to compensation. Some situations, such as a crash involving a government-owned vehicle, can have much shorter notice requirements, sometimes just a few months. Don’t wait to find out which deadline applies to you.
Vicarious liability and independent contractor issues under Texas law
Texas courts apply respondeat superior when a worker was acting in the course and scope of employment, and they look at the actual right of control rather than just the job title. Employers frequently argue that a driver was off-duty or was a contractor. Texas also has special procedures for commercial motor vehicle lawsuits, including rules that can allow a defendant to request a split (bifurcated) trial. Those rules can affect what evidence a jury hears and when. This is a complex area, and an attorney familiar with Texas commercial vehicle litigation can help you work through it.
Commercial insurance minimums and safety regulations
Commercial vehicle coverage is typically far higher than what a personal driver carries. For comparison, Texas requires personal drivers to carry only 30/60/25 liability coverage ($30,000 per person, $60,000 per accident, $25,000 property damage).
- FMCSA (federal). Interstate for-hire trucking companies must carry minimum financial responsibility, which for general freight in heavier vehicles is generally $750,000, and higher for hazardous materials. Many carriers carry more.
- Texas (intrastate). Texas sets its own insurance and registration requirements for carriers operating within the state, and these vary by vehicle weight and cargo. The Texas Department of Public Safety (DPS) enforces commercial vehicle safety rules, and TxDOT maintains crash reports.
- Rideshare. Texas law requires significantly higher coverage when a rideshare driver is on an active trip.
Key safety rules that often matter in these cases:
- Hours-of-service limits (for example, limits on consecutive driving hours and required rest breaks)
- Electronic logging device (ELD) records
- Driver qualification files and medical certification
- Drug and alcohol testing requirements
- Vehicle inspection and maintenance records
- Cargo securement rules
Violations of these regulations can strongly support a negligence claim, and we know where to look for them.
If you were injured while working
Texas is unique: private employers can choose to opt out of workers’ compensation (“non-subscribers”). If you were hurt in a company vehicle crash while on the job, your options may include a workers’ comp claim, a claim against a negligent third party, or, if your employer is a non-subscriber, a claim directly against the employer. The right path depends on your situation.
Crucial Steps to Take Immediately After a Crash With a Company Vehicle
What you do in the first hours and days can protect your health and your claim.
- Call 911 and get medical care. Even if you feel okay, adrenaline can hide serious injuries. Request police and EMS.
- Get to safety if you can. Move out of traffic only if it’s safe to do so.
- Document everything. Take photos and video of the vehicles, the damage, the scene, skid marks, road conditions, and your injuries.
- Identify the vehicle and company. Write down the company name, any USDOT number, license plate number, and vehicle number printed on the side, plus the driver’s name and insurance information.
- Collect witness contact information.
- Don’t admit fault or apologize. Even polite statements can be used against you.
- Be careful with insurers. Don’t give a recorded statement or sign anything from the company’s insurance carrier before speaking with a lawyer.
- Follow your doctor’s treatment plan. Gaps in treatment are often used to argue you weren’t really hurt.
- Keep records. Save medical bills, pay stubs, receipts, and a short journal of how the injuries affect your daily life.
- Call an attorney quickly. We can send a preservation letter demanding that the company keep dashcam footage, GPS and telematics data, driver logs, and maintenance records before they are lost.
Frequently Asked Questions
Can I sue the company if the driver caused the crash?
Often, yes. If the driver was working within the scope of their job, the employer may be legally responsible for the crash. The company may also be directly liable for things like negligent hiring, poor training, or failing to maintain its vehicles.
What if the driver was an independent contractor or gig worker?
That doesn’t automatically protect the company. Courts examine how much control the company had over the driver’s work. Other parties, such as the vehicle owner, a carrier, a broker, or a staffing company, may also be responsible.
How much is my case worth?
It depends on the severity of your injuries, your medical costs, lost income, the long-term impact on your life, the available insurance coverage, and how fault is assigned. Because commercial policies are often larger than personal ones, these cases can involve significantly more potential recovery, but no attorney can guarantee an outcome. A free case evaluation is the best way to understand your options.
What if I was partly at fault?
You may still recover compensation. In Texas, you can pursue a claim as long as you are not more than 50% at fault, though your award will be reduced by your percentage of responsibility.
How long do I have to file a claim in Texas?
Generally two years from the date of the accident for personal injury and property damage claims. Claims involving government vehicles or workers’ compensation can have much shorter deadlines, so it’s important to speak with a lawyer as soon as possible.
Injured in a Company Vehicle Crash? Talk to Scutt Law PLLC Today.
You’re dealing with pain, bills, and uncertainty. You shouldn’t also have to deal with a corporation and its insurance company on your own.
At Scutt Law PLLC, our San Antonio team helps injured Texans stand up to large companies and their insurers. We investigate quickly, preserve critical evidence, and fight to hold every responsible party accountable.
Your consultation is free, and there is no obligation.
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Time limits apply to your claim, and evidence can disappear quickly. Don’t wait.
Attorney Advertising. This page is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Every case is different, and past results do not guarantee a similar outcome. Laws and deadlines change and depend on the specific facts of each case. Contact a licensed attorney to discuss your situation.
