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Employer Responsibility for Employee Drunk Driving

In some cases, employers can be held liable for the negligence of their employees. This includes the negligence of the employee in operating a motor vehicle, sometimes including drunk driving. The issue involves a legal doctrine known as "respondeat superior." The law concerning this issue dates back hundreds of years, and is often couched in antiquated terms, of "master" (employer) and "servant" (employee).

In Texas, the legal doctrine of respondeat superior says that a master is liable for the acts of his servant committed within the scope of the servant's authority, in the furtherance of the master's business and for the accomplishment of the object for which the servant is employed. Therefore, if the employee acts outside the scope of his or her authority, the employer will not be held responsible for the employee's acts.

Texas law holds that the test of a master's liability for the negligent acts of his servant is whether on the occasion in question, the master has the right and power to direct and control the servant in the performance of the causal act or omission at the very instance of its occurrence.

The theory behind the doctrine is that since it is the employer who is benefiting from his employee's activities, whether on the road, in the office, or elsewhere, the employer should also share any losses caused by those activities, for example, if the employee negligently causes a motor vehicle accident while working for the employer. For example, if a delivery driver is operating his employer's vehicle while drunk, that is a prime situation for holding the employer liable for any accidents caused by the employee's drunk driving.

In other circumstances, an employer will not be held liable for the employee's negligence while driving. For example, the general rule in Texas is that an employee is not in the course and scope of his employment while driving his own vehicle to and from his place of work, absent other factors.

Call or Email Stephen Johnson for a free initial consultation about your drunk driving case.