Hit by Someone Driving for Work in Los Angeles: Can You Sue the Employer?

If someone driving for work in Los Angeles hits you, you can often sue both the employer and the driver. California law generally holds employers responsible for an employee’s careless driving when the employee was acting within the scope of employment. This often brings a commercial insurance policy into the claim, not just the driver’s personal coverage.

The answer depends on the facts: what the driver was doing, whether they were a true employee, and who owned the vehicle. Here is how each affects a Los Angeles car accident claim.

How Does Respondeat Superior Work in California?

Respondeat superior is a form of vicarious liability. It makes an employer responsible for an employee’s negligence, even when the employer did nothing wrong. Under California Civil Code section 2338, a principal is responsible to third persons for an agent’s negligence in the transaction of the agency’s business.

This matters in practice. A delivery driver may carry only a modest personal auto policy, while a company often has commercial coverage and business assets. To hold the employer responsible, you generally need to show the driver was negligent, an employee, and acting within the scope of employment.

Hit by Someone Driving for Work: What Counts as the Scope of Employment?

An employee is usually within the scope of employment when the driving is part of the job or serves the employer’s business. Common examples include:

• A delivery driver on an assigned route.
• A sales representative driving between client meetings.
• A technician traveling to a service call.
• A driver operating a commercial vehicle such as a box truck or utility van.

The vehicle type doesn’t determine the issue. An employee can be working while driving a personal car. Meanwhile, a small personal detour, such as a coffee stop, often does not end the employer’s responsibility, but a substantial personal trip may.

Does the Going-and-Coming Rule Protect the Employer?

Sometimes. Under California’s going-and-coming rule, an ordinary commute to and from work is generally outside the scope of employment. So if a worker rear-ends you on the 405 on the way to the office, the employer may deny responsibility.

However, the rule has exceptions. Under the vehicle-use exception in CACI No. 3725, a commute may count as work when the employer requires the employee to bring a personal vehicle for business use or relies on its availability. Special errands for the employer and travel between job sites are also treated differently from a routine commute.

What If the Driver Was a Contractor, or the Employer Was Careless?

A business that hires a true independent contractor is generally not vicariously liable for that contractor’s negligence. Still, a “contractor” label is not the final word. Courts look at how much control the company actually has over the driver’s work. App-based and rideshare drivers follow their own insurance rules, explained on our Uber and Lyft accident page.

An employer can also be directly liable for its own negligence. Examples include hiring a driver with a poor record, letting an unfit person use a company vehicle, ignoring safety training, or skipping fleet maintenance. Our guide on negligent maintenance in commercial vehicle crashes covers this in more detail.

What If a Government Employee Hit You?

Under California Government Code section 815.2, a public entity is generally liable for injuries caused by an employee acting within the scope of employment. This can include city trucks, county vehicles, transit vehicles, and school district cars.

The process is stricter, however. Under California Government Code section 911.2, you must present a personal injury claim to the agency within six months. If the agency rejects it in writing, Government Code section 945.6 generally allows six months from that notice to file suit. Crashes with public buses are covered on our bus accident page.

How Long Do You Have, and What Evidence Helps?

For claims against private employers, California Code of Civil Procedure section 335.1 generally sets a two-year deadline for personal injury. Claims against public agencies follow the six-month claim rule above.

Evidence that the driver was working can disappear quickly. If it is safe, photograph the company name or DOT number on the vehicle, note what the driver says about their job, and collect witness details. Our checklist on what to do after a car accident walks through the next steps.

Talk to a Los Angeles Car Accident Lawyer About Your Claim

If you were hit by someone driving for work, Personal Injury Legal Group can review the facts, identify whether the employer may be responsible, and explain your options before key deadlines pass. Call 310-388-4306 or contact us online for a free consultation. You pay no attorney fees unless we recover compensation for you.