# Company vehicle accidents: when an employer is responsible

> Hit by a work vehicle or someone driving for work? How employer liability, commercial policies, contractors, government vehicles and workers' comp apply.

Canonical page: https://accidentclaimfacts.com/accidents/company-vehicle-accidents/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

If the driver who hit you was an employee doing their job, the employer is usually legally responsible too, under a rule called respondeat superior, and the employer's insurance usually pays. The rule does not reach true independent contractors. Claims involving government vehicles follow special rules: for a federal vehicle, you must file a written claim with the agency within 2 years. If you were the one working when you were hurt, workers' compensation may pay, and you may also have a claim against the other driver.

## Key facts

| Fact | Detail | Note |
|---|---|---|
| Federal vehicle: written claim to the agency | Within 2 years | Federal Tort Claims Act |
| Federal vehicle: agency's time to decide | 6 months | Then you may treat silence as a denial |
| Federal vehicle: deadline to sue after a denial | 6 months | From the date the denial is mailed |
| Texas: notice to a city, county or state agency | Within 6 months | A city charter can require less |
| Workers killed in roadway crashes on the job | 1,146 | BLS, 2024 |
| Work deaths caused by transportation incidents | 38.2% | The most frequent type of fatal work event |

## When the employer is responsible

Under respondeat superior, an employer is legally responsible for the wrongful acts of an employee if they happen within the scope of employment. Cornell Law School's Legal Information Institute describes the scope of employment as the range of activities an employee is reasonably expected to perform as part of the job.

In practice, the question is what the driver was doing at the moment of the crash:

| Situation | Within the scope of the job? |
|---|---|
| A delivery driver on a route in a company van | Usually yes |
| A sales rep driving a company car to a client meeting | Usually yes |
| An employee running a work errand in their own car | Often yes; the employer's role depends on the facts |
| An employee driving home after work, or on a personal trip | Often no; states draw these lines differently |

When the employer is responsible, you can claim against the employer and its insurer, not only the driver. That matters because the employer's insurance may have higher limits than the driver's own policy.

Some states add rules that reach the vehicle's owner. In New York, every vehicle owner is liable for deaths and injuries caused by the negligence of anyone driving it with the owner's permission, so a company that owns the car can be liable whether or not the trip was work-related.

## Commercial auto insurance

Businesses insure their vehicles under commercial auto policies. The business chooses its limits, subject to state minimums, and many trucking and bus companies that cross state lines must meet federal insurance minimums. Our [truck accident guide](https://accidentclaimfacts.com/accidents/truck-accidents/) covers those.

When an employee crashes in their own car while working, their personal policy is often the first to respond. Some employers also buy coverage for employees' cars used on company business. Rideshare drivers have their own insurance rules, explained in our [rideshare accident guide](https://accidentclaimfacts.com/accidents/rideshare-accidents/).

At the scene, note anything that ties the vehicle to a business: a company name or logo, a vehicle or fleet number, and any USDOT number on the door. Ask the driver who they work for and whether they were working, and write down the answer and the time.

## Independent contractors and gig drivers

Respondeat superior applies to employees, but not to independent contractors. Some couriers and app-based drivers work under contractor agreements, so the label matters.

The label in a contract is not the end of the question. Courts look at how much control the company has over the details of the work. The IRS, for tax purposes, also looks at the entire relationship: whether the company controls how the work is done, the business side of the job such as pay and expenses, and the type of relationship, such as benefits and a written contract.

> **Example:** A courier rear-ends you while delivering for a local store. If the store hired the courier as an employee and set the route and hours, the store may be responsible. If the courier runs an independent delivery business with its own vehicle and insurance, your claim is usually against the courier and the courier's insurer.

Even when a contractor drove, the hiring company may still face a claim for its own carelessness in some situations. A licensed attorney in your state can tell you whether that applies.

## Government vehicles

Governments are protected by sovereign immunity unless a law allows claims. For federal vehicles, that law is the Federal Tort Claims Act. It makes the United States responsible for injuries caused by a federal employee's negligence while acting within the scope of the job, under the law of the place where the crash happened. It covers Postal Service vehicles too. You claim against the United States, not the employee.

## Steps for a claim involving a federal vehicle

1. **File a written claim with the agency.** That means a signed Standard Form 95 or other written notice of the incident, with a claim for money damages in a sum certain, sent to the agency whose employee caused the crash within 2 years.
2. **Choose the amount carefully.** Under federal law, a lawsuit cannot ask for more than the amount in the written claim, unless the increase rests on newly discovered evidence or intervening facts.
3. **Wait for a decision.** If the agency makes no final decision within 6 months, you can treat the claim as denied.
4. **Sue in federal court if needed.** After a written denial, the lawsuit must be filed within 6 months of the date the denial was mailed.

The United States does not pay punitive damages or interest before judgment. Lawyers' fees are capped at 20% of an administrative settlement and 25% after a lawsuit is filed.

State and local vehicles fall under each state's own tort claims law, and the rules vary widely. Many require a written notice of claim within months. In Texas, notice to a government body is due within 6 months, and recoveries are capped; our [Texas guide](https://accidentclaimfacts.com/location/texas/) has the amounts. Check your state in our [state-by-state guide](https://accidentclaimfacts.com/location/).

## If you were working when you were hurt

If you were driving for work, or were a passenger in a work vehicle, workers compensation may cover you. The US Department of Labor describes workers' compensation as providing wage replacement and medical treatment. Workers for private companies and state and local governments claim through their state's workers' compensation board; federal employees are covered by a separate federal program.

Workers' comp often limits suing your own employer. In Texas, for example, workers' compensation benefits are the exclusive remedy against an employer that has workers' comp coverage, apart from limited exemplary damages in some death cases. Texas has another feature worth knowing: private employers can choose to carry workers' comp insurance, but it is not required in most cases, so some Texas employers have no workers' comp at all.

A crash caused by another driver can also lead to a third-party claim. Washington's Department of Labor and Industries lists a motor vehicle collision caused by another driver as a typical example, and says you are entitled to workers' comp benefits regardless of who caused the injury. Texas law works the same way: an injured worker can claim workers' comp benefits and also seek damages from a third party, and the carrier can be repaid from that recovery for the benefits it paid.

> **Example:** A delivery driver is rear-ended at a red light while on the job. Workers' comp pays medical bills and part of the lost wages. The driver also claims against the at-fault motorist's insurer, which can include pain and suffering, which workers' comp does not pay. The workers' comp insurer is repaid from that recovery through subrogation.

Transportation incidents are a leading cause of death at work. The Bureau of Labor Statistics counted 1,146 workers killed in roadway crashes in 2024, and transportation incidents caused 38.2% of all fatal work injuries.

## FAQ

### Can I sue a company if its employee hit me?

Often, yes. Under respondeat superior, an employer is responsible for an employee's negligence within the scope of employment. The claim usually goes to the company's commercial auto insurer.

### What if the employee was driving their own car for work?

The employee's personal policy is often the first to respond. The employer may also be responsible if the driver was doing their job at the time, and some employers carry extra coverage for this situation.

### What if the driver was an independent contractor?

Respondeat superior does not apply to true independent contractors, so the claim is usually against the contractor and their insurer. Whether a driver is really a contractor depends on how much control the company had, not just the contract's label.

### How do I file a claim after a crash with a mail truck or other federal vehicle?

File a written claim, such as Standard Form 95, with the agency within 2 years, stating a specific dollar amount. If the agency denies it or does not decide within 6 months, you can sue the United States in federal court.

### Can I sue my employer if I was hurt driving for work?

Often not. In Texas, for example, workers' comp benefits are the exclusive remedy against an employer that carries coverage. You may still claim against another driver who caused the crash.

### Can I get workers' comp and also claim against the other driver?

Yes, in many cases. Texas and Washington both allow it. The workers' comp insurer is usually repaid from what you recover from the other driver.

## Sources

- [Cornell Law School, Legal Information Institute, Respondeat superior](https://www.law.cornell.edu/wex/respondeat_superior) — employer liability and independent contractors
- [Cornell Law School, Legal Information Institute, Scope of employment](https://www.law.cornell.edu/wex/scope_of_employment)
- [IRS, Independent contractor (self-employed) or employee?](https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee) — the control test
- [Cornell LII, 28 U.S.C. § 1346(b)](https://www.law.cornell.edu/uscode/text/28/1346) — Federal Tort Claims Act liability for federal employees' negligence
- [Cornell LII, 28 U.S.C. § 2679](https://www.law.cornell.edu/uscode/text/28/2679) — a claim against the United States replaces a claim against the employee
- [Cornell LII, 39 U.S.C. § 409(c)](https://www.law.cornell.edu/uscode/text/39/409) — tort claims against the Postal Service
- [U.S. Department of Labor, Workers' compensation](https://www.dol.gov/general/topic/workcomp)
- [Washington State Department of Labor and Industries, Injured by a third party](https://lni.wa.gov/claims/for-workers/injured-what-you-need-to-know/injured-by-a-third-party)
- [U.S. Code (GPO), 28 U.S.C. § 2401(b)](https://www.govinfo.gov/content/pkg/USCODE-2023-title28/html/USCODE-2023-title28-partVI-chap161-sec2401.htm), checked October 29, 2026
- [Cornell LII, 28 U.S.C. § 2675(a)](https://www.law.cornell.edu/uscode/text/28/2675), checked October 29, 2026
- [Texas Legislature, Civil Practice and Remedies Code § 101.101(a)](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.101.htm), checked October 29, 2026
- [U.S. Bureau of Labor Statistics, Census of Fatal Occupational Injuries Summary, 2024](https://www.bls.gov/news.release/cfoi.nr0.htm), checked October 29, 2026
- [New York State Senate, Vehicle and Traffic Law § 388(1)](https://www.nysenate.gov/legislation/laws/VAT/388), checked October 29, 2026
- [eCFR, 28 CFR § 14.2(a)](https://www.ecfr.gov/current/title-28/chapter-I/part-14/section-14.2), checked October 29, 2026
- [Cornell LII, 28 U.S.C. § 2674](https://www.law.cornell.edu/uscode/text/28/2674), checked October 29, 2026
- [Cornell LII, 28 U.S.C. § 2678](https://www.law.cornell.edu/uscode/text/28/2678), checked October 29, 2026
- [Texas Legislature, Labor Code § 408.001](https://statutes.capitol.texas.gov/Docs/LA/htm/LA.408.htm#408.001), checked October 29, 2026
- [Texas Department of Insurance, Division of Workers' Compensation, Employer resources](https://www.tdi.texas.gov/wc/employer/index.html), checked October 29, 2026
- [Texas Legislature, Labor Code § 417.001](https://statutes.capitol.texas.gov/Docs/LA/htm/LA.417.htm#417.001), checked October 29, 2026