Company Vehicle Accidents: How to Claim Compensation in Texas
Driving a company vehicle can be a big responsibility and is also seen as a privilege for many company associates. Things can get complicated if you are involved in an accident while driving the company car and you will need an experienced company vehicle accidents attorney from Thomas J. Henry Law. The criteria required for drivers to use a company vehicle include having a current, valid drivers’ license and maintaining a clean driving record. While operating the vehicle all traffic, safety, and criminal laws in Texas must be adhered to.
Respondeat Superior
In Texas, a company vehicle accident attorney must be familiar with respondeat superior doctrine. In layman’s terms, this means “let the superior answer”. If you are within the scope of employment, your employer will have to respond on your behalf during an accident. This gives way to seeking compensation for your company vehicle accident. Many companies will try to argue that you were not in a working capacity in order to get out of liability and in turn denying you compensation.
Business-Related Purposes
You may be wondering what does and does not constitute as being in a working capacity or using the vehicle for business-related purposes. Here are a few instances that qualify as business purposes:
- Travel to remote work location
- Traveling between work locations
- Visiting client locations
- Picking up or delivering goods
- Providing a service
- Running errands for the business
This is not an exhaustive list and serves only as examples of business-related purposes.
Frolicking Away
Many companies will use the frolicking away defense to shift liability. Under this premise, the company will argue that you were using the vehicle for personal use. Some examples can include:
- Running personal errands
- Being off the clock
- Driving home
- Going for a joy ride
- Transporting friends or family
- Going to bars or nightclubs
A company vehicle accident attorney can help you determine if you are within the scope and course of employment and work to seek the compensation you deserve. Compensation can help pay for your medical care, lost wages, pain and suffering, and damage to your vehicle.
Obtaining Compensation
The two main questions that should be answered when involved in a company vehicle accident are:
- At the time of the incident were you an employee of the employer. (This does not include independent contractors)
- At the time of the accident were you acting within the course and scope of your employment.
As a loyal employee, your first reaction will be to trust that your employer will do the right thing and the insurance company will pay for all the damages. This is not the case. Companies will hire a team of lawyers to find evidence that you were not in the scope of employment and will then deny your claim. You should contact a company vehicle accident attorney immediately following your accident.
Call Thomas J. Henry for Representation
If you have been involved in a company vehicle accident, contact Thomas J. Henry for the legal representation you deserve. With over 25 years of experience, he will fight vigorously to get you the compensation you deserve. Contact Thomas J. Henry at 866-517-5659 today to schedule a consultation with a Texas company vehicle accident attorney.
