The driver who hit you earns $40,000 a year; the company whose route he was running carries millions in coverage. Vicarious liability — respondeat superior, ‘let the master answer’ — is the doctrine connecting them: employers answer for employees’ negligence within the scope of employment.
- The scope question: work-time, work-purpose conduct binds the employer — the delivery run, the garbage route, the sales call; detours and frolics get fought case by case.
- The contractor fight: ‘independent contractor’ is the standard defense — answered by control facts, and by companion theories (negligent hiring, retention, entrustment) that bind companies for their own choices; the FedEx-model cases show the battleground.
- Where it matters most: commercial vehicle claims, multi-party allocations, and any case where individual coverage can’t fund real damages.
Frequently Asked Questions
The driver was ‘off the clock’ per the company. Case over against them?
Their characterization isn’t the analysis — telematics, dispatch records, and purpose evidence decide scope, and companion negligence theories may bind them regardless.
Does vicarious liability let the employee off the hook?
No — both remain liable; the doctrine adds the employer rather than substituting it. Practically, the employer’s coverage answers.
What does hiring you cost?
No attorney’s fee unless we recover; percentage and cost handling are in the written fee agreement. Consultations are free.
Questions about your situation? Call (215) 464-4600 or contact us online — free, confidential consultations, contingency-fee representation.