{"id":20436,"date":"2026-04-18T05:35:48","date_gmt":"2026-04-18T05:35:48","guid":{"rendered":"https:\/\/www.chandlerrosslaw.com\/car-accidents\/employer-liability-car-accident-attorney\/"},"modified":"2026-04-18T06:15:18","modified_gmt":"2026-04-18T06:15:18","slug":"abogado-especializado-en-responsabilidad-civil-del-empleador-por-accidentes-de-trafico","status":"publish","type":"page","link":"https:\/\/www.chandlerrosslaw.com\/es\/car-accidents\/employer-liability-car-accident-attorney\/","title":{"rendered":"Abogado especializado en responsabilidad civil del empleador por accidentes de tr\u00e1fico"},"content":{"rendered":"\n<p>When a driver causes a crash on I-35 near Denton and that driver was working at the time, you may have a claim against more than just the individual behind the wheel. Texas law allows injured people to hold employers responsible for their employees&#8217; negligent driving. If you were hurt in a wreck involving a company car, a delivery driver, or any worker on the clock, understanding how employer liability works could be the difference between a partial recovery and full compensation. The <a href=\"https:\/\/www.chandlerrosslaw.com\/\">personal injury lawyers<\/a> at Chandler Ross Injury Attorneys in Denton, Texas handle these cases every day, and we want you to know your rights before you talk to any insurance company.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Table of Contents<\/h2>\n\n\n\n<ul class=\"wp-block-list\">\n<li><a href=\"#what-is-employer-liability-in-a-car-accident-case\">What Is Employer Liability in a Car Accident Case?<\/a><\/li>\n<li><a href=\"#course-and-scope-of-employment-when-does-employer-liability-apply\">Course and Scope of Employment: When Does Employer Liability Apply?<\/a><\/li>\n<li><a href=\"#negligent-hiring-retention-and-entrustment-claims-against-employers\">Negligent Hiring, Retention, and Entrustment Claims Against Employers<\/a><\/li>\n<li><a href=\"#texas-workers-compensation-and-non-subscriber-employer-rules\">Texas Workers&#8217; Compensation and Non-Subscriber Employer Rules<\/a><\/li>\n<li><a href=\"#what-damages-can-you-recover-in-an-employer-liability-claim\">What Damages Can You Recover in an Employer Liability Claim?<\/a><\/li>\n<li><a href=\"#why-hire-chandler-ross-injury-attorneys-for-an-employer-liability-case\">Why Hire Chandler Ross Injury Attorneys for an Employer Liability Case?<\/a><\/li>\n<li><a href=\"#faqs-about-employer-liability-car-accidents-in-denton-texas\">FAQs About Employer Liability Car Accidents in Denton, Texas<\/a><\/li>\n<\/ul>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"what-is-employer-liability-in-a-car-accident-case\">What Is Employer Liability in a Car Accident Case?<\/h2>\n\n\n\n<p>Employer liability in a car accident case means a company can be held legally responsible for a crash caused by one of its employees. The legal doctrine behind this is called respondeat superior, which is Latin for &#8220;let the master answer.&#8221; Under this doctrine, an employer may be vicariously liable for the negligent acts of its employee if those actions fall within the course and scope of employment. In plain terms, if a worker causes a wreck while doing their job, the employer can be on the hook for your damages.<\/p>\n\n\n\n<p>This matters a great deal in practice. Individual drivers often carry minimum-limit auto insurance, which may not come close to covering serious injuries. Employers, on the other hand, typically carry commercial liability policies with much higher limits. Employers often carry commercial auto or general liability insurance that covers employees driving for work purposes, and these policies commonly have higher limits than personal auto insurance, meaning a victim&#8217;s medical bills, lost wages, and other damages may be covered to a greater extent. So when a delivery driver rear-ends you on Loop 288 near Golden Triangle Mall, the company&#8217;s insurance may be the real source of meaningful compensation.<\/p>\n\n\n\n<p>Texas Civil Practice and Remedies Code Chapter 72 also addresses employer liability in commercial motor vehicle cases. Under that chapter, an employer defendant&#8217;s liability for damages caused by the ordinary negligence of a person operating the defendant&#8217;s commercial motor vehicle 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. This is a critical legal framework for anyone hurt by a company vehicle in Denton County.<\/p>\n\n\n\n<p>The key question courts ask is whether the employee was acting within the scope of their job at the time of the crash. According to Texas law, an employee&#8217;s acts must be within the scope of the employee&#8217;s general authority, in furtherance of the employer&#8217;s business, and taken to accomplish a task for which the employee was hired. If those conditions are met, the employer shares legal responsibility for the crash.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"course-and-scope-of-employment-when-does-employer-liability-apply\">Course and Scope of Employment: When Does Employer Liability Apply?<\/h2>\n\n\n\n<p>Not every crash involving a company employee triggers employer liability. The driver must have been acting within the scope of their employment at the time. Courts often look at whether the employee&#8217;s actions meet three key criteria: whether it is the kind of work the employee was hired to perform, whether it occurs substantially within the authorized time and space limits of the job, and whether it is done, at least in part, with the intention of serving the employer&#8217;s interests. All three factors matter.<\/p>\n\n\n\n<p>Texas courts draw a useful distinction between a detour and a frolic. When applying respondeat superior to car accidents, courts typically distinguish between a detour, which is a minor departure from job responsibilities such as grabbing lunch, and a frolic, which is a major departure for personal reasons such as going to a movie. A detour can result in the employer being held responsible under tort law, while an accident that results from an employee frolic will likely keep the employer free from liability. So a sales rep who stops for gas while making client calls is very different from one who abandons the route entirely to run personal errands across town.<\/p>\n\n\n\n<p>Commutes generally do not count as on-the-job driving. An employee is generally not in the course and scope of employment while driving to and from work. However, gray areas exist. What if the employee drives a company vehicle home and then heads directly to a client site the next morning? What if the employee makes a work-related stop on the way home? These situations require a careful factual analysis. If a worker driving a company truck causes a crash on University Drive (US-380) while making a stop that benefits the employer, that could still fall within scope of employment.<\/p>\n\n\n\n<p>One important rule in Texas: if the employee is in a company-owned vehicle, there is a presumption that the employee was acting in the course and scope of employment while performing their job. That presumption shifts the burden and can make it easier to establish employer liability in your case.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"negligent-hiring-retention-and-entrustment-claims-against-employers\">Negligent Hiring, Retention, and Entrustment Claims Against Employers<\/h2>\n\n\n\n<p>Employer liability does not stop at respondeat superior. Even when a company argues its driver was off the clock or outside the scope of employment, you may still have a direct negligence claim against the employer itself. These claims target the company&#8217;s own conduct, not just the employee&#8217;s driving. Separate from vicarious liability, employers can face direct liability if their own failures contribute to a car accident. Common examples include negligent hiring, which involves bringing on an employee without checking a driving record that would have revealed a history of reckless or impaired driving; negligent retention, which occurs when an employer becomes aware that an employee poses a risk but fails to act; negligent training or supervision; negligent entrustment, which involves allowing an employee to operate a company vehicle when the employer knows the employee is unlicensed or habitually unsafe; and negligent maintenance, which involves not properly maintaining company-owned vehicles.<\/p>\n\n\n\n<p>In Texas, an employer has a duty to investigate its employees&#8217; skills before hiring them. If a trucking company hires a driver with a history of DWI convictions and that driver causes a crash on I-35E near the Denton County Courthouse, the company&#8217;s failure to screen that driver becomes a separate and powerful claim. Negligent retention covers the driver&#8217;s conduct between the time of hiring and the date of the wreck, and the negligent training claim holds that if an employer knows that a training program for its drivers is necessary to protect others but fails to exercise reasonable care in training its drivers, the company is liable for the damage caused.<\/p>\n\n\n\n<p>These direct negligence claims matter strategically. When you bring a negligent hiring or retention claim, evidence of the driver&#8217;s prior accidents and tickets becomes admissible at trial. If you claim that the employer was negligent for not investigating the driver&#8217;s background and finding out about those tickets and accidents, then those records become relevant and admissible, and the jury gets to hear about them. That evidence can be powerful in front of a Denton County jury. A <a href=\"https:\/\/www.chandlerrosslaw.com\/dallas\/car-accident-attorney\/\">car accident attorney<\/a> who understands how to use this evidence effectively can make a real difference in your case outcome.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"texas-workers-compensation-and-non-subscriber-employer-rules\">Texas Workers&#8217; Compensation and Non-Subscriber Employer Rules<\/h2>\n\n\n\n<p>If you are an employee who was injured in a car accident while working, Texas law adds another layer to your situation. Whether your employer carries workers&#8217; compensation insurance determines which legal path is available to you. Texas remains a true &#8220;opt-out&#8221; state, where private employers can still legally go &#8220;bare&#8221; and choose not to participate in the workers&#8217; compensation system. That is a major distinction from nearly every other state in the country.<\/p>\n\n\n\n<p>Under Texas Labor Code Section 406.031, an insurance carrier is liable for compensation for an employee&#8217;s injury without regard to fault or negligence if the injury arises out of and in the course and scope of employment. However, if your employer is a &#8220;subscriber&#8221; who carries workers&#8217; comp, that coverage is generally the exclusive remedy for your work-related injuries. Under Texas Labor Code Section 408.001(a), workers&#8217; compensation benefits are the exclusive remedy against a subscribing employer, meaning you generally cannot sue your employer directly for negligence.<\/p>\n\n\n\n<p>The situation changes dramatically if your employer is a non-subscriber. The Texas Supreme Court has held that nonsubscribers may invoke the proportionate responsibility provisions under Chapter 33 of the Texas Civil Practice and Remedies Code, and the Court reaffirmed that claims against nonsubscribing employers are not claims for benefits under the Act, but common law tort claims subject to standard tort principles, including negligence and causation. Under Texas Labor Code Section 406.033, when suing a non-subscriber employer, the employer cannot claim as a defense that the employee was contributorily negligent, assumed the risk, or that a fellow employee caused the injury. Those are powerful advantages for injured workers. Approximately one-third of Texas employers are nonsubscribers, and there are almost 75,000 non-subscriber claims every year in Texas. If you were hurt in a work-related crash and are unsure of your employer&#8217;s status, you can check through the Texas Department of Insurance Division of Workers&#8217; Compensation online portal.<\/p>\n\n\n\n<p>If you were a third party, meaning someone not employed by the company, and a company employee hit you, the workers&#8217; comp system does not limit your right to pursue a claim against that employer. You can bring a full civil claim for all your damages, including pain and suffering, lost wages, and future medical costs. A <a href=\"https:\/\/www.chandlerrosslaw.com\/fort-worth\/car-accident-attorney\/\">car accident lawyer<\/a> who knows Texas employer liability law can help you identify every available source of compensation.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"what-damages-can-you-recover-in-an-employer-liability-claim\">What Damages Can You Recover in an Employer Liability Claim?<\/h2>\n\n\n\n<p>When an employer is liable for a crash, the range of recoverable damages is the same as in any serious personal injury case, but the ability to actually collect those damages is often much greater. Companies carry larger insurance policies, and they have assets that individual drivers do not. Your recoverable damages can include medical bills, both past and future, lost wages, loss of earning capacity, pain and suffering, emotional distress, and property damage. In cases involving gross negligence, Texas law also allows for exemplary damages against the employer.<\/p>\n\n\n\n<p>Injuries from employer-liability crashes are often severe. Commercial vehicles are heavier, drivers are on the road longer, and the pressure to meet delivery deadlines or sales quotas can contribute to distracted or fatigued driving. If you suffered a traumatic brain injury, spinal cord damage, or broken bones in a crash on Carroll Boulevard or Teasley Lane, your medical costs could easily exceed what a personal auto policy would cover. That is exactly when the employer&#8217;s commercial coverage becomes critical.<\/p>\n\n\n\n<p>Texas follows a proportionate responsibility system under Civil Practice and Remedies Code Chapter 33. If you are found partially at fault, your damages are reduced by your percentage of fault, but you can still recover as long as your fault does not exceed 50 percent. This means even if the insurance company argues you share some blame for the crash, you may still have a strong claim. An experienced <a href=\"https:\/\/www.chandlerrosslaw.com\/irving\/car-accident-attorney\/\">car accident lawyer<\/a> can help build the evidence needed to minimize any fault attributed to you and maximize your recovery.<\/p>\n\n\n\n<p>Documenting your damages thoroughly from the start is essential. Keep all medical records, pay stubs, and out-of-pocket expense receipts. Get a police report that notes the driver&#8217;s employment status and vehicle ownership. Gather witness contact information. Evidence gathered near the scene matters, whether the crash happened near TWU&#8217;s campus, on Hickory Creek Road, or anywhere else in Denton County. The stronger your evidence, the stronger your claim against the employer. A <a href=\"https:\/\/www.chandlerrosslaw.com\/lewisville\/car-accident-attorneys\/\">car accident attorney<\/a> can also help you send a preservation letter to the employer to prevent them from destroying vehicle maintenance records, driver logs, and GPS data.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"why-hire-chandler-ross-injury-attorneys-for-an-employer-liability-case\">Why Hire Chandler Ross Injury Attorneys for an Employer Liability Case?<\/h2>\n\n\n\n<p>Employer liability cases are more involved than standard two-car accident claims. You are dealing with a company&#8217;s legal team, their insurance adjusters, and potentially multiple layers of liability. Companies do not write big checks without a fight, and their insurers are trained to minimize what they pay. Having a Denton-based law firm that knows these tactics, knows the local courts, and knows Texas employer liability law puts you in a far better position.<\/p>\n\n\n\n<p>Chandler Ross Injury Attorneys represents injured people in Denton and throughout North Texas. We handle cases involving commercial vehicles, delivery drivers, company car accidents, and workers injured on the job. We work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you. There are no upfront costs and no hourly fees. Our firm is responsible for all content on this page, and our principal office is located in Denton, Texas. All attorneys practicing at Chandler Ross Injury Attorneys are licensed in the State of Texas.<\/p>\n\n\n\n<p>If you were hurt in a crash involving a company driver anywhere in Denton County, including near the Denton County Justice Center, on I-35, or along US-380, call us today at <strong>(940) 800-2500<\/strong>. We offer free consultations, and there is no obligation to hire us after speaking with us. You can also reach out to our team if you need a <a href=\"https:\/\/www.chandlerrosslaw.com\/decatur\/auto-accident-attorneys\/\">car accident lawyer<\/a> for incidents in surrounding areas like Decatur and Wise County. Past results in other cases do not guarantee the same outcome in your case, as every claim depends on its own facts and applicable law. What we can promise is that we will fight hard to get you every dollar you deserve under Texas law.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"faqs-about-employer-liability-car-accidents-in-denton-texas\">FAQs About Employer Liability Car Accidents in Denton, Texas<\/h2>\n\n\n\n<h3 class=\"wp-block-heading\">Can I sue an employer if their employee hit me while driving a company vehicle?<\/h3>\n\n\n\n<p>Yes, in most cases you can. If the employee was acting within the course and scope of their employment at the time of the crash, Texas law allows you to hold the employer liable under the doctrine of respondeat superior. This means you can pursue a claim against the company&#8217;s commercial insurance policy, which typically has much higher limits than a personal auto policy. The fact that the driver was in a company vehicle also creates a presumption under Texas law that the driver was on the job at the time.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">What if the company claims the driver was an independent contractor, not an employee?<\/h3>\n\n\n\n<p>Companies sometimes label workers as independent contractors to avoid liability. Texas courts look past job titles and examine the actual working relationship, including how much control the company exercised over the worker&#8217;s tasks, schedule, and methods. If the company controlled how the work was done, courts may still find an employment relationship exists for liability purposes. Additionally, under federal regulations, motor carriers can be held responsible for certain crashes caused by drivers who are technically classified as contractors.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">What if I was an employee injured in a crash while working? Can I still sue my employer?<\/h3>\n\n\n\n<p>It depends on whether your employer carries workers&#8217; compensation insurance. If your employer is a subscriber to Texas workers&#8217; comp, that system is generally your exclusive remedy against your employer, and you typically cannot sue them directly for negligence. However, if your employer is a non-subscriber, which applies to roughly one-third of Texas employers, you can bring a full negligence lawsuit. Under Texas Labor Code Section 406.033, non-subscriber employers cannot use contributory negligence, assumption of risk, or fellow employee negligence as defenses. You may also have a separate third-party claim against the other driver involved in the crash.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">How long do I have to file a claim against an employer after a car accident in Texas?<\/h3>\n\n\n\n<p>In Texas, the general statute of limitations for personal injury claims is two years from the date of the accident, under Texas Civil Practice and Remedies Code Section 16.003. Missing this deadline will almost certainly bar your claim entirely. However, certain circumstances, such as claims involving government entities or minors, may have different deadlines or notice requirements. Do not wait to consult an attorney. Evidence disappears, witnesses forget details, and company records can be lost or destroyed. The sooner you act, the better your chances of building a strong case.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">What evidence do I need to prove employer liability in a Denton car accident case?<\/h3>\n\n\n\n<p>Strong evidence in an employer liability case includes the police report showing the driver&#8217;s employment status and vehicle ownership, the company&#8217;s commercial insurance information, the driver&#8217;s employment records and job description, vehicle maintenance logs, GPS or dispatch data showing the driver&#8217;s route and assignments at the time of the crash, and any prior driving violations or accident history. In negligent hiring cases, the company&#8217;s background check records become critical. An attorney can send a preservation letter to the employer early in the process to prevent key evidence from being deleted or destroyed before your case is fully investigated.<\/p>\n\n\n\n<script type=\"application\/ld+json\">{\"@context\":\"https:\/\/schema.org\",\"@type\":\"FAQPage\",\"mainEntity\":[{\"@type\":\"Question\",\"name\":\"Can I sue an employer if their employee hit me while driving a company vehicle?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"Yes, in most cases you can. If the employee was acting within the course and scope of their employment at the time of the crash, Texas law allows you to hold the employer liable under the doctrine of respondeat superior. This means you can pursue a claim against the company's commercial insurance policy, which typically has much higher limits than a personal auto policy. 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Can I still sue my employer?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"It depends on whether your employer carries workers' compensation insurance. If your employer is a subscriber to Texas workers' comp, that system is generally your exclusive remedy against your employer, and you typically cannot sue them directly for negligence. However, if your employer is a non-subscriber, which applies to roughly one-third of Texas employers, you can bring a full negligence lawsuit. Under Texas Labor Code Section 406.033, non-subscriber employers cannot use contributory negligence, assumption of risk, or fellow employee negligence as defenses. 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The sooner you act, the better your chances of building a strong case.\"}},{\"@type\":\"Question\",\"name\":\"What evidence do I need to prove employer liability in a Denton car accident case?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"Strong evidence in an employer liability case includes the police report showing the driver's employment status and vehicle ownership, the company's commercial insurance information, the driver's employment records and job description, vehicle maintenance logs, GPS or dispatch data showing the driver's route and assignments at the time of the crash, and any prior driving violations or accident history. In negligent hiring cases, the company's background check records become critical. An attorney can send a preservation letter to the employer early in the process to prevent key evidence from being deleted or destroyed before your case is fully investigated.\"}}]}<\/script>\n\n\n<h2 class=\"wp-block-heading\">More Resources About Fault &#038; Liability<\/h2>\n\n\n\n<ul class=\"wp-block-list\">\n<li><a href=\"https:\/\/www.chandlerrosslaw.com\/car-accidents\/fault-determination-lawyer-in-denton-car-accidents\/\">Fault Determination Lawyer in Denton Car Accidents<\/a><\/li>\n<li><a href=\"https:\/\/www.chandlerrosslaw.com\/car-accidents\/texas-comparative-fault-attorney\/\">Texas Comparative Fault Attorney<\/a><\/li>\n<li><a href=\"https:\/\/www.chandlerrosslaw.com\/car-accidents\/can-i-recover-if-i-was-partially-at-fault\/\">Can I Recover If I Was Partially at Fault?<\/a><\/li>\n<li><a href=\"https:\/\/www.chandlerrosslaw.com\/car-accidents\/multi-car-accident-liability-lawyer-in-denton\/\">Multi-Car Accident Liability Lawyer in Denton<\/a><\/li>\n<li><a href=\"https:\/\/www.chandlerrosslaw.com\/car-accidents\/vehicle-owner-vs-driver-liability-lawyer\/\">Vehicle Owner vs Driver Liability Lawyer<\/a><\/li>\n<li><a href=\"https:\/\/www.chandlerrosslaw.com\/car-accidents\/defective-vehicle-accident-attorney-in-denton\/\">Defective Vehicle Accident Attorney in Denton<\/a><\/li>\n<\/ul>\n","protected":false},"excerpt":{"rendered":"<p>Cuando un conductor provoca un accidente en la I-35 cerca de Denton y dicho conductor se encontraba trabajando en ese momento, es posible que pueda presentar una reclamaci\u00f3n no solo contra la persona que conduc\u00eda. La ley Texas permite a las personas lesionadas responsabilizar a los empleadores por la conducci\u00f3n negligente de sus empleados. Si usted result\u00f3 lesionado en un accidente en el que estuvo involucrado un\u2026<\/p>","protected":false},"author":6,"featured_media":0,"parent":7489,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-20436","page","type-page","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.chandlerrosslaw.com\/es\/wp-json\/wp\/v2\/pages\/20436","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.chandlerrosslaw.com\/es\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.chandlerrosslaw.com\/es\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.chandlerrosslaw.com\/es\/wp-json\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/www.chandlerrosslaw.com\/es\/wp-json\/wp\/v2\/comments?post=20436"}],"version-history":[{"count":1,"href":"https:\/\/www.chandlerrosslaw.com\/es\/wp-json\/wp\/v2\/pages\/20436\/revisions"}],"predecessor-version":[{"id":20552,"href":"https:\/\/www.chandlerrosslaw.com\/es\/wp-json\/wp\/v2\/pages\/20436\/revisions\/20552"}],"up":[{"embeddable":true,"href":"https:\/\/www.chandlerrosslaw.com\/es\/wp-json\/wp\/v2\/pages\/7489"}],"wp:attachment":[{"href":"https:\/\/www.chandlerrosslaw.com\/es\/wp-json\/wp\/v2\/media?parent=20436"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}