SERIOUS ATTORNEYS FOR SERIOUS INJURIES
Practice Areas
Chandler Ross is the best hands down! You can not go wrong with these attorneys!
— Tracy P.
Getting hit by a company vehicle in the Dallas area changes everything about your accident claim. You are no longer dealing with just one driver and one insurance policy. You are potentially dealing with a corporation, a fleet insurer, a legal team, and a set of rules that most accident victims have never heard of. If a company vehicle hit you near the University of North Texas campus, along I-35E heading into Dallas, or anywhere in Denton County, you need to understand what your rights are and who can actually be held responsible. Chandler Ross Injury Attorneys represents injury victims in Denton, Texas who have been hurt by company drivers, and we know exactly how these cases work.
Table of Contents
- Who Is Legally Responsible When a Company Vehicle Causes a Crash?
- Federal and State Regulations That Apply to Company Vehicles in Texas
- What Evidence Do You Need in a Company Vehicle Accident Case?
- Types of Compensation Available After a Company Vehicle Accident
- Why Company Vehicle Cases Are More Challenging Than Standard Car Accidents
- FAQs About Company Vehicle Accident Claims in Texas
Who Is Legally Responsible When a Company Vehicle Causes a Crash?
Texas law does not limit your claim to just the driver who hit you. When an employee causes a crash while doing their job, the employer can be held responsible too. This legal rule is called respondeat superior, a Latin term meaning “let the master answer.” Under this doctrine, an employer can be held liable for an employee’s wrongful acts committed within the scope of employment. That means the company behind the wheel, not just the driver, may owe you compensation.
The key question courts ask is whether the driver was acting within the “course and scope” of their job at the time of the crash. Under Texas law, an employee’s acts must be within the scope of the employee’s general authority, in furtherance of the employer’s business, and taken to accomplish a task for which the employee was hired. A delivery driver making a run along the Dallas North Tollway? That is almost certainly within the scope of employment. A driver who took a company van on a personal errand without permission? That is a different story.
Texas Civil Practice and Remedies Code Section 72.054 also addresses an employer defendant’s liability for damages caused by the ordinary negligence of a person operating the defendant’s commercial motor vehicle, which shall be based on respondeat superior if the defendant stipulates that the person operating the vehicle was an employee at the time of the collision. Companies sometimes try to limit their exposure through legal maneuvers, which is exactly why having a skilled personal injury lawyers on your side matters from day one.
Beyond respondeat superior, you may also have a claim for negligent entrustment if the company gave a dangerous or unqualified driver access to a vehicle. If you claim that the employer was negligent for not investigating the driver’s background, then prior accidents and tickets become relevant and admissible, and the jury gets to hear about them. This can significantly strengthen your case and expand the damages available to you.
Federal and State Regulations That Apply to Company Vehicles in Texas
Not every company vehicle is treated the same under the law. A sales rep driving a company sedan faces different rules than a fleet driver hauling freight on I-635. When a vehicle crosses into commercial motor vehicle territory, an entirely separate layer of federal regulation kicks in.
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) governs oversight of commercial vehicles that operate in the United States, setting forth rules that restrict things like consecutive driving hours, insurance requirements, vehicle maintenance, and eligibility for commercial driver’s licenses. These safety regulations are detailed within Parts 390-399 of Title 49 of the Code of Federal Regulations (CFR). When a company driver violates any of these rules, that violation can be used as evidence of negligence in your injury claim.
Under FMCSA rules, interstate carriers hauling non-hazardous cargo weighing more than 10,001 pounds and crossing state lines must carry a minimum of $750,000 in liability coverage. That is far more than a standard personal auto policy, which means there is often real money available to compensate serious injuries. The FMCSA also requires carriers to use electronic logging devices (ELDs) to track driver hours. The FMCSA mandated that all carriers and drivers use electronic logging devices to track compliance with Hours of Service regulations beginning December 16, 2019. Those logs can be critical evidence in your case.
Texas Transportation Code Chapter 601 adds another layer. Chapter 601 generally holds commercial vehicle companies responsible for actions drivers take within the scope of their employment, which means that the company may be held accountable for an accident under the principle of vicarious liability. Under Texas Transportation Code Section 601.151, financial responsibility rules apply to any collision resulting in bodily injury, death, or property damage of at least $1,000. If you were hurt by a company vehicle anywhere from downtown Dallas to the Square in Denton, these rules apply to your case.
What Evidence Do You Need in a Company Vehicle Accident Case?
Company vehicle accident cases require more evidence than a typical two-car crash. You are building a case against a business, not just an individual driver. That means you need to document both the driver’s negligence and the company’s responsibility. The good news is that company vehicles and commercial fleets generate a lot of data, and much of it works in your favor.
The crash report is always your starting point. Under Texas Transportation Code Section 550.065, a crash report can be released to any person directly involved in the accident, the owner of a vehicle damaged in the crash, or an insurance company covering any vehicle involved. Your attorney can obtain this report on your behalf and use it to establish the basic facts of the collision.
Beyond the crash report, a strong company vehicle case often relies on employment records, vehicle maintenance logs, dispatch records, and ELD data. For respondeat superior claims, proof usually focuses on whether an employment relationship existed and whether the conduct fell inside the job’s scope. Helpful records include payroll records and onboarding paperwork, job descriptions and written policies, and schedules, dispatch logs, or ELD data that show where the worker should have been.
If the vehicle qualifies as a commercial motor vehicle, the FMCSA’s Safety Measurement System is a powerful tool. The FMCSA’s Safety Measurement System is publicly accessible, and anyone can search a carrier’s DOT number and pull their inspection history, out-of-service orders, and violation patterns across the last 24 months. A pattern of ignored violations can support a claim for negligent hiring or negligent supervision, which opens the door to additional damages beyond what respondeat superior alone would provide.
Witness statements, traffic camera footage from intersections near places like Loop 288 or the Denton courthouse square, and accident reconstruction reports can all strengthen your claim. The faster this evidence is gathered, the better. Some data, like electronic control module (ECM) information from a commercial vehicle, can be overwritten in as little as 14 days after a crash. Acting quickly is not optional.
Types of Compensation Available After a Company Vehicle Accident
When a company vehicle causes your injuries, the damages you can recover may be significantly larger than in a standard car accident case. Companies carry higher insurance limits, and in cases involving gross negligence, additional damages may be available. Texas law allows injured victims to pursue both economic and non-economic damages.
Economic damages cover your real, out-of-pocket losses. These include all medical bills, both current and future, lost wages from time missed at work, and reduced earning capacity if your injuries affect your ability to work long-term. If your vehicle was totaled on I-35E near the Denton/Dallas county line, your property damage claim is also part of this category. A car accident lawyer familiar with Texas law can help you calculate the full scope of these losses accurately.
Non-economic damages cover pain and suffering, emotional distress, loss of enjoyment of life, and similar harms that do not come with a price tag. These are real losses that Texas law recognizes. If your injuries have kept you from enjoying time at places like Denton’s Civic Center Park or have affected your relationships and daily life, those losses count.
In cases where the company acted with gross negligence, such as knowingly putting a driver with a suspended license behind the wheel or ignoring repeated safety violations, Texas law allows for exemplary (punitive) damages under Texas Civil Practice and Remedies Code Chapter 41. Nothing in Section 72.054 prevents a claimant from pursuing a claim for exemplary damages relating to the defendant’s failure to comply with other applicable regulations or standards. These damages are meant to punish the company and deter future misconduct. Past results in any case depend on the specific facts and law involved, and no outcome is guaranteed, but having an attorney who understands these avenues puts you in the strongest possible position.
Why Company Vehicle Cases Are More Challenging Than Standard Car Accidents
Companies do not wait around after a serious crash. Many larger employers and fleet operators send rapid response teams to accident scenes quickly. Their goal is to protect the company’s legal position, gather evidence that supports their defense, and limit what you can recover. You deserve the same level of preparation on your side.
One major challenge is the independent contractor defense. Many companies try to argue that their driver was an independent contractor rather than an employee, which would shield them from respondeat superior liability. In general, independent contractors do not fall under the legal doctrine of vicarious liability. Since they are self-employed, they are responsible for their own actions, and responsibility for a car crash cannot go to the entity that contracted the worker, even if the person was on-duty for a job at the time of the accident. However, this defense has limits. Courts look at the actual working relationship, not just what a contract says. There is an exception under federal law for commercial truck drivers. Many truck drivers are independently contracted or truck owner/operators. To improve safety, the Federal Motor Carrier Safety Administration holds companies responsible for accidents caused by their truck drivers, regardless of their status as independent contractors versus employees.
Texas’s modified comparative fault rule also plays a role. Under the state’s comparative negligence rule, multiple parties can share fault for an accident, and victims who are less than 51% at fault for a crash can recover compensation. Companies and their insurers will often try to shift blame onto you to reduce what they owe. An experienced car accident lawyer can counter these tactics by building a thorough, evidence-backed case that accurately places fault where it belongs.
The statute of limitations is another critical issue. In Texas, personal injury claims generally must be filed within two years of the accident date. Missing this deadline means losing your right to recover, regardless of how strong your case is. If you were hurt by a company vehicle anywhere in the Dallas or Denton area, including along US-380 or near TWU’s campus, do not delay. Call Chandler Ross Injury Attorneys at (940) 800-2500 for a free consultation. Our firm serves clients in Denton, Texas and the surrounding region. The attorneys responsible for this content practice in Texas and are licensed in the State of Texas.
If you were injured as a passenger in a company vehicle, or if a company driver rear-ended you on a busy stretch of highway, a car accident attorney who understands employer liability law can make a real difference in the outcome of your claim. Similarly, if a delivery driver hit you while making rounds in a Dallas neighborhood, the same principles that apply to large commercial fleet cases may apply to your situation. A car accident lawyer can review the facts of your case and advise you on who can be held liable.
FAQs About Company Vehicle Accident Claims in Texas
Can I sue the company if one of their employees hit me in Texas?
Yes, in most cases you can. Under the legal doctrine of respondeat superior, Texas law allows you to hold an employer responsible for a crash caused by their employee, as long as the driver was acting within the course and scope of their job at the time of the accident. This means you can pursue a claim against both the driver and the company that employed them. The company’s insurance policy, which often carries much higher limits than a personal auto policy, would be what covers your damages.
What if the driver says they were off the clock when the crash happened?
The company will often argue that the driver was not on duty, which is a common defense in these cases. Courts look at the full picture, not just what the driver or employer claims. Factors like whether the driver was using a company vehicle, whether they were traveling between job sites, and whether the trip benefited the employer in any way all matter. An attorney can investigate the facts and challenge a false “off the clock” defense with employment records, GPS data, and dispatch logs.
How long do I have to file a claim after a company vehicle accident in Texas?
Texas gives most personal injury victims two years from the date of the accident to file a lawsuit. This deadline, set by the Texas Civil Practice and Remedies Code, applies to company vehicle accident claims just as it does to standard car accident cases. Two years may sound like plenty of time, but critical evidence, like electronic logging data or vehicle black box information, can disappear in weeks. Contacting an attorney as soon as possible after your crash protects your ability to recover.
Does it matter if the company vehicle was a large truck versus a regular car?
It matters a great deal. Larger commercial vehicles, generally those with a gross vehicle weight rating over 10,001 pounds, are subject to federal FMCSA regulations in addition to Texas state law. These federal rules cover driver qualifications, hours of service, drug and alcohol testing, and vehicle maintenance. A company that violated any of these rules before or during your crash may face additional liability beyond what a standard negligence claim would produce. The type of vehicle directly affects which rules apply and what evidence is available.
What should I do immediately after being hit by a company vehicle?
Call 911, get medical attention, and document everything you can at the scene. Take photos of both vehicles, any visible injuries, road conditions, and the company’s logo or vehicle markings. Get the driver’s name, license number, and insurance information, and note the company name on the vehicle. Do not give a recorded statement to the company’s insurance adjuster before speaking with an attorney. Company insurers move fast after these crashes, and anything you say can be used to minimize your claim. Contact Chandler Ross Injury Attorneys at (940) 800-2500 as soon as possible so we can begin preserving evidence on your behalf.
More Resources About Accident Scenarios & Situations
- What to Do After a Car Accident in Dallas
- Uninsured Driver Accident Lawyer in Dallas
- Partially At Fault Car Accident Lawyer in Dallas
- Passenger Injury Lawyer After a Car Accident
- Rental Car Accident Attorney in Dallas
- Uber Accident Lawyer in Dallas
- Lyft Accident Lawyer in Dallas
- Delivery Driver Accident Attorney in Dallas
- Out-of-State Driver Accident Lawyer in Dallas