A claim involving a driver who was working at the time of the accident isn’t the same as a claim involving someone running weekend errands. The company that employs the driver may share responsibility for what happened to you, which can change who is responsible and which insurance applies.

Here, we take a closer look at when the employer of a driver working during a car accident can be held responsible, the defenses companies typically use, the evidence that you’ll need for a strong claim, and when to talk to a Nashville commercial accident lawyer.

The Real Deal: Could the Driver’s Employer Be Responsible?

If the driver who hit you was working at the time, their employer could also be responsible for the crash. It generally depends on whether the driver was acting “within the course and scope” of their job.

Under the Tennessee doctrine of respondeat superior, an employer can be held legally responsible for an employee’s negligence committed “within the course and scope” of employment. Put simply, the employer is responsible for the employee’s actions if the employee was carrying out work duties when the accident happened.

And the company the employee works for probably has a lot more financial reach than an individual would. A personal auto policy could carry state-minimum limits. In federally regulated trucking cases, however, a for-hire interstate motor carrier hauling non-hazardous property must maintain at least $750,000 in public liability coverage under federal law, with certain hazardous-materials operations required to carry $5,000,000.

However, employer responsibility isn’t automatic. Instead, it has to be established with evidence, such as:

Dispatch records
Routing data
Payroll
Telematics
Company records

Why Does It Matter if the Driver Was on the Clock?

A driver’s work status can change who is responsible, what insurance applies, and what evidence is available.

What shifts when a driver is working:

Other responsible parties besides the driver
Commercial coverage that can dwarf a personal auto policy
In trucking cases, access to records required by federal law
Direct claims against the company for its own conduct, separate from the driver’s

The bigger the company, the more prepared they are. Their teams photograph scenes, interview drivers, and download electronic data before you’ve even had the chance to talk to anyone.

You need to be able to keep up with that. You should also be careful about giving the company or its insurer a recorded statement before you’ve consulted with an attorney.

When Can an Employer Be Liable for an Employee’s Car Accident?

An employer can generally be held responsible if an employee was performing work-related duties at the time of the crash. Common on-the-clock scenarios include:

Making deliveries or service calls along an assigned route
Transporting equipment, materials, or freight
Traveling between job sites during the workday
Running an errand at a supervisor’s request

Rideshare crashes raise different questions about app status and insurance coverage.

Tennessee law also allows claims based on the company’s actions. For instance, claims based on negligent hiring, training, supervision, etc. In Binns v. Trader Joe’s East, Inc. (Tenn. 2024), the Tennessee Supreme Court rejected the preemption rule, holding that an employer’s admission of vicarious liability doesn’t bar a plaintiff from pursuing other negligence claims against them.

So, in addition to looking at the driver’s actions, you can look at the company’s practices. If they also dropped the ball, you may have another route to accountability and compensation.

When Might the Employer Not Be Responsible?

Not every collision involving an employee creates company liability. The question is whether the driver was carrying out their employer’s business at the moment of the crash.

Some of the instances when a company could argue they’re not responsible include:

Ordinary commuting to or from work
A personal detour or errand that’s not related to job duties
Use of a company vehicle outside authorized hours or for unauthorized purposes
Conduct so far outside assigned duties that it serves no business interest

These lines are frequently blurry. A personal stop during an assignment doesn’t always mean the employer is off the hook.

When the employer is genuinely not responsible, the driver’s individual coverage, uninsured/underinsured motorist benefits, and other responsible parties may still support a claim. Your own share of fault can also affect how much you can recover under Tennessee’s 49% rule. Your Nashville car accident lawyer can look for every source of coverage and make sure you’re not being unfairly blamed for the accident.

Does It Matter Who Owns the Vehicle?

In Tennessee, ownership does matter. Proof that a business owned the vehicle can be prima facie evidence, meaning evidence that supports a fact unless it is successfully challenged. In this case, it can help show that the vehicle was being driven with the owner’s authority and consent and that the driver was acting “within the course and scope” of employment (Tenn. Code Ann. § 55-10-311).

The law extends the same effect to registration. Proof that a vehicle is registered to a company is evidence of ownership and of operation for the owner’s benefit within the scope of employment (Tenn. Code Ann. § 55-10-312).

In practical terms, if the company owns the vehicle, Tennessee law gives you an initial legal presumption that the driver was using it for the company’s business, but the company can present evidence to rebut that presumption.

This question goes beyond ownership, however. Leased tractors, rented box trucks, and personal vehicles driven for work each raise distinct issues.

What if the Driver Was an Independent Contractor?

After a crash, a company may argue that the driver was an “independent contractor,” not an employee. But in some trucking cases, that doesn’t automatically mean the company isn’t responsible.

The definition of “employee” for purposes of the Federal Motor Carrier Safety Regulations expressly includes an independent contractor while in the course of operating a commercial motor vehicle (49 C.F.R. § 390.5).

For leased commercial trucks, federal rules can also place operational responsibilities on the authorized motor carrier. A lease must provide that the authorized carrier-lessee has exclusive possession, control, and use of the equipment for the lease term and assumes complete responsibility for its operation (49 C.F.R. § 376.12(c)(1)).

Records that can show what the working relationship was include:

Lease agreements & equipment receipts
Dispatch instructions & routing requirements
Company logos, placards & DOT numbers on the vehicle
Payment structures, safety policies & training records

An attorney and their investigators can pull these documents and compare them with the carrier’s own filings. What’s important is how the relationship actually worked, not just the label used in the contract.

What if They Say the Driver Wasn’t Working?

Denials should be tested against records, not accepted at face value. In commercial cases, the underlying data usually exists, although only for a limited window.

In federally regulated trucking cases, additional records may be available. Federal rules require motor carriers to keep records of duty status and supporting documents for at least 6 months from receipt (49 C.F.R. § 395.8(k)(1)), and FMCSA guidance applies the same 6-month period to ELD data, including a separately stored backup copy.

Evidence that establishes work status:

ELD & hours-of-service records
GPS, telematics & fleet-management data
Dispatch logs, bills of lading & delivery manifests
Payroll, timekeeping & expense reimbursements
Fuel receipts, toll records & weigh-station tickets

A lawyer can send a preservation letter asking the company to keep important records and electronic data.

How Long Do I Have To File a Claim in Tennessee?

Tennessee imposes one of the shortest deadlines in the nation. Most personal injury actions must be commenced within 1 year of the date the cause of action accrued (Tenn. Code Ann. § 28-3-104(a)(1)).

A limited exception may extend that window to 2 years, but only when criminal charges are filed against the driver within a year of the crash, and the injured person sues that same driver. Tennessee law directs courts to interpret this exception narrowly, and it does not automatically extend the deadline for claims against an employer or other parties.

Claims involving government entities and vehicles have their own requirements and deadlines under Tennessee law.

Ultimately, it’s important to recognize that important evidence can disappear long before the filing deadline arrives. With ELD records subject to a six-month retention floor, waiting can cost proof that no filing deadline will restore.

Get Real Justice After a Crash

When a working driver causes a crash, the company they work for already has investigators and defense counsel waiting. You deserve a skilled team in your corner, and you shouldn’t have to fund it out of pocket.

Bernheim Kelley Injury Lawyers works on a contingency fee basis, meaning we don’t get paid unless we win. We bring decades of trial experience and a network of accident reconstructionists, trucking safety experts, medical specialists, and licensed investigators to the table. We’re prepared to take a case to court if a company refuses to negotiate fairly.

Every case is different, and no outcome can be promised or predicted. But our team commits to Real Advocacy. We’ll do a thorough independent investigation, give you straight answers, and pursue the accountability you deserve.

If you’ve been in an accident, call us today at 615-813-1111 or contact us online for your FREE case evaluation.

What Happens if the Driver Who Hit You Was Working?

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