You picked up your dry cleaning while using the company van, and now you have been in a crash. Suddenly you are wondering who pays for the damage, and whether your employer bears any responsibility at all. This question comes up more often than most people think, and the answer usually depends on how far the errand strays from your actual job duties.
At Setareh Law, we help injured drivers and passengers sort out exactly who is responsible after a crash involving a company vehicle. We look closely at the facts, including where the employee was headed and why, to determine whether the employer can be held accountable alongside the driver.
How Courts Decide if an Employer Is Responsible
California follows a legal doctrine called respondeat superior, which holds employers responsible for the actions of employees who cause harm while acting within the scope of their job. The key question is whether the errand primarily served the employer or was purely personal. A quick stop for gas on the way to a client meeting looks very different from a lengthy detour to run a personal errand completely unrelated to work.
Courts often describe small deviations from work duties as detours, and major personal side trips as frolics. A detour may still leave the employer on the hook, while a frolic usually shifts responsibility to the employee alone. This distinction is not always obvious, which is why a detailed review of the timeline and purpose of the trip matters so much in these types of cases.
What Counts as a Personal Errand?
Personal errands can include almost anything unrelated to the job, such as picking up groceries, dropping off a family member, or running to the bank for a personal transaction. The location of the errand, how far it took the employee off their normal route, and whether the employer knew about or approved the detour all play a role in the analysis.
An employee who swings by a coffee shop on the way between two work stops may still be considered within the scope of employment, since the detour is minor and the overall trip still serves the employer. However, a trip that takes the employee far from the work route for a matter unrelated to the job is more likely to be treated as a frolic that falls outside employer responsibility.
Why the Employer’s Vehicle Policy Matters
Many employers have written policies about when and how a company vehicle can be used, and these policies can carry weight in a liability dispute. If a policy expressly prohibits personal use and the employee ignored it, the employer may argue that the trip fell entirely outside the scope of employment.
Even so, an employer cannot always avoid responsibility just by pointing to a policy. If the vehicle was regularly used for mixed personal and work purposes with the employer’s knowledge, a court may still find that the employer permitted the broader use, regardless of what the written policy states.
Factors That Strengthen a Liability Claim
A few key facts can make it easier to show that an employer should share responsibility for a crash that happened during a personal errand:
- Timing: The errand happened during the workday and between other work-related stops.
- Route: The detour was minor compared to the employee’s normal work route.
- Benefit: The trip still provided some benefit to the employer, even if secondarily.
- Knowledge: The employer knew about or regularly permitted this kind of vehicle use.
- Vehicle ownership: The employer owned or leased the vehicle involved in the crash.
Gathering evidence on each of these points early can make a real difference in how a claim is evaluated. We often request mileage logs, GPS data, and internal policies to build a clear picture of what happened before and during the crash.
Steps to Take After a Company Vehicle Crash
If you were injured by a driver in a company vehicle, or you were the employee driving it, there are certain steps you can take to protect your position. Reporting the crash promptly and documenting the vehicle’s ownership, the driver’s employment status, and the purpose of the trip can all support a stronger claim.
According to the CDC, motor vehicle crashes remain the leading cause of work-related deaths in the United States, highlighting how often these situations arise and how important it is to understand the responsibilities involved. Keeping records such as photos, witness contact information, and any communication from the employer can also help clarify the facts later.
How Setareh Law Can Help After a Company Vehicle Accident
We know how confusing it can be to figure out who is responsible after a crash involving a company vehicle, especially when the trip involved a personal errand. Setareh Law has spent 60 years combined helping injured people throughout California pursue full and just compensation, and we handle every case on a contingency fee basis, so you only pay a fee if we get you results.
Our team reviews the details of your auto accident case, including employment records and vehicle ownership, to build the strongest possible claim on your behalf. If you were hurt in a crash involving a company vehicle, reach out through our contact form to discuss what happened and learn about your options.
