When Is a Texas Employer Liable for an Employee's Crash Driving to or From Work? (Coming and Going Rule Exceptions)
Direct Answer Under Texas Law
Under Texas's 'Coming and Going Rule,' an employer is generally not vicariously liable when an employee causes a crash during a normal daily commute between home and a fixed office. However, under Painter v. Amerimex Drilling I, Ltd., 561 S.W.3d 125 (Tex. 2018), the employer IS vicariously liable when: (1) the employee is on a 'Special Mission' at the employer's direction, (2) the employee is traveling between multiple remote jobsites during the workday, or (3) the employer pays a travel stipend/per diem to transport a crew to a remote oilfield man-camp!
Critical Texas Procedural Trap to Watch Out For
In Cameron International Corp. v. Martinez, 662 S.W.3d 373 (Tex. 2022), the Texas Supreme Court clarified that an oilfield worker driving his personal truck on a personal errand to buy groceries/dinner between shifts is NOT on a special mission—unlike the crew-transport driver in Painter v. Amerimex who was paid a daily bonus to drive his co-workers between the bunkhouse and the drilling rig.
Recommended Action Plan for Texas Claimants
Depose the driver and subpoena payroll records to check whether the driver was paid mileage, drove a company-furnished truck, was making a bank/supply drop ('dual-purpose special mission'), or was taking a business phone call at the moment of impact.
Detailed Texas Statutory & Case Law Breakdown
Under Respondeat Superior Course & Scope; Tex. Lab. Code § 401.011(12) and controlling Texas appellate precedent in Painter v. Amerimex Drilling I, Ltd., 561 S.W.3d 125 (Tex. 2018); Cameron International Corp. v. Martinez, 662 S.W.3d 373 (Tex. 2022), Texas trial and appellate courts apply strict statutory rules to this exact issue. Unlike generic multi-state legal summaries, Texas tort procedure under the Civil Practice and Remedies Code (CPRC), Insurance Code, Transportation Code, and Labor Code enforces specific statutory formulas—including the 51% proportionate responsibility bar (CPRC § 33.001), paid-or-incurred medical expense admissibility (CPRC § 41.0105 / Haygood), and mandatory statutory lien caps (Prop. Code Ch. 55 & Ins. Code Ch. 140).
Step-by-Step Texas Procedural Checklist
- Verify the exact statutory text of Respondeat Superior Course & Scope; Tex. Lab. Code § 401.011(12) and how Texas courts apply Painter v. Amerimex Drilling I, Ltd., 561 S.W.3d 125 (Tex. 2018); Cameron International Corp. v. Martinez, 662 S.W.3d 373 (Tex. 2022) in your county's appellate district.
- Beware of the Texas Procedural Trap: In Cameron International Corp. v. Martinez, 662 S.W.3d 373 (Tex. 2022), the Texas Supreme Court clarified that an oilfield worker driving his personal truck on a personal errand to buy groceries/dinner between shifts is NOT on a special mission—unlike the crew-transport driver in Painter v. Amerimex who was paid a daily bonus to drive his co-workers between the bunkhouse and the drilling rig.
- Execute the Texas Action Plan: Depose the driver and subpoena payroll records to check whether the driver was paid mileage, drove a company-furnished truck, was making a bank/supply drop ('dual-purpose special mission'), or was taking a business phone call at the moment of impact.
- Preserve all physical, electronic, and medical billing records early so your CPRC § 18.001 affidavits and TRCP 194.2 Initial Disclosures are complete.
Frequently Asked Questions Under Texas Law
When Is a Texas Employer Liable for an Employee's Crash Driving to or From Work? (Coming and Going Rule Exceptions)
Under Texas's 'Coming and Going Rule,' an employer is generally not vicariously liable when an employee causes a crash during a normal daily commute between home and a fixed office. However, under Painter v. Amerimex Drilling I, Ltd., 561 S.W.3d 125 (Tex. 2018), the employer IS vicariously liable when: (1) the employee is on a 'Special Mission' at the employer's direction, (2) the employee is traveling between multiple remote jobsites during the workday, or (3) the employer pays a travel stipend/per diem to transport a crew to a remote oilfield man-camp! Key Texas Trap to Avoid: In Cameron International Corp. v. Martinez, 662 S.W.3d 373 (Tex. 2022), the Texas Supreme Court clarified that an oilfield worker driving his personal truck on a personal errand to buy groceries/dinner between shifts is NOT on a special mission—unlike the crew-transport driver in Painter v. Amerimex who was paid a daily bonus to drive his co-workers between the bunkhouse and the drilling rig.
What Texas statute and Supreme Court / appellate precedent control employer liability for employee commute crashes?
This question is governed in Texas by Respondeat Superior Course & Scope; Tex. Lab. Code § 401.011(12) and the legal standards articulated in Painter v. Amerimex Drilling I, Ltd., 561 S.W.3d 125 (Tex. 2018); Cameron International Corp. v. Martinez, 662 S.W.3d 373 (Tex. 2022). Recommended step: Depose the driver and subpoena payroll records to check whether the driver was paid mileage, drove a company-furnished truck, was making a bank/supply drop ('dual-purpose special mission'), or was taking a business phone call at the moment of impact.
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