Hello, and thank you for your question. Please note that I am an attorney licensed in Texas, and will answer in terms of general legal principles. It's important to seek the help of a local attorney in any legal matter. Now, on to your question.
If you've ever been injured in a car or truck accident, you may be all too familiar with the pitfalls inherent in attempting to collect money from a negligent or guilty party. Depending on the state in which the accident occurred, you may have a hard time collecting any money from an individual defendant, even if your case is ultimately successful. If the employee who was driving the company truck was acting "in the course and scope of his employment," then you may be able to seek recovery from his or her employer.
For an employee to be considered acting in the course and scope of his employment, that employee must have been on the job, or perhaps taking a slight deviation. If, however, the employee was significantly diverting from his workplace or duties, then the employer cannot be held liable for the employee¿s acts. Moreover, employers are almost never liable for the intentional crimes of a worker.
Justin B. Demerath
O'Hanlon, McCollom & Demerath
Attorneys and Counselors at Law
San Antonio Car Accident Injury Attorneys
-- Justin Demerath
