Job Related Auto Accidents

Video Transcription:
Cindy Speaker: What special issues come up when someone is involved in an auto accident and the at fault driver was on the job? That’s our topic today and my guest is Houston attorney, Terry Bryant. Terry, it’s nice to have you with me today.

Terry Bryant: I’m glad to be here. One of the things that happens when a person is hit by someone who is working for a company is to make sure that the coverage of the company would come into play. That is the people who were working for these big companies’ out driving 18 wheelers and other large trucks that are involved with accidents with my clients often times have additional insurance available to them.

Cindy Speaker: Okay. So you’re saying then that employer is definitely held responsible in these claims?

Terry Bryant: The employer would be held responsible if the employee was on a mission for the employer.

Cindy Speaker: What about if the at fault driver was driving a company vehicle but he was not on company time, how does that work?

Terry Bryant: That’s a much more difficult situation because if the person was not on a mission for the employer, he or she would not necessarily be covered by insurance. However, often times there are insurance policies that cover the vehicle regardless of whether the person is actually working or not.

Cindy Speaker: Let me ask you another question. What if the at fault driver was drunk, or in some way negligent. Can the employer be held responsible for that?

Terry Bryant: The employer can be held responsible for what the employer knew. So if the person was given the keys to a company vehicle and the employer knew that the person was drunk, then we would have a cause of action against the employer for what we call negligent entrustment.

Cindy Speaker: Okay. But if the employer did not know that the employee was drunk, is there still that type of action?

Terry Bryant: It’s not always that clear cut. Basically, there may be situations in which the employer has some knowledge and the jury would have to make the determination as to whether or not that was enough knowledge.

Cindy Speaker: I’ve heard that on occasion, if an employee who is at fault in an accident has somewhat of a past history, maybe of negligent behavior, maybe drunk driving was in their past, etcetera, is there a way that the employer is held responsible because he hired someone that really was not fit for the job?

Terry Bryant: Right. That happens often where the employer does not do a proper background check, particularly for truck drivers or other people that are going to be out driving for the employer. The employer should make sure that the people that they’re hiring are capable of safely driving on the streets in Texas.

Cindy Speaker: I have one other question. Are there times in these scenarios where punitive damages would come into play?

Terry Bryant: Yes, punitive damages come into play when the jury determines that someone, whether it be a company or an individual is grossly negligent. If they are found to be grossly negligent, the jury can award what is called punitive damages. Damages to punish the individual for the negligence and carelessness that’s caused harm to other people.

Cindy Speaker: Okay. This is certainly complicated stuff. Terry, if someone has specific problems or questions, how could they reach you?

Terry Bryant: My toll free number is 1-800-444-5000 and we have a website, www.terrybryant.com.

Cindy Speaker: Terry, thank you so much for your time today.

Terry Bryant: Thank you for having me.

Cindy Speaker: This is Cindy Speaker.