# What if a driver was working when the crash happened?

Canonical: https://californiapersonalinjurylaws.com/guides/work-driver-crash/

Reviewed by Andrew (Andy) R. Gillin; publisher reported approval on 2026-11-04. Original review date was not supplied.

## Short answer

The driver’s employer may also have to pay. This can apply when the driver was doing work within the scope of the job.

## Hypothetical example

A worker drives from one job site to the next. They cause a crash on the way.

## How the rule works

Scope of employment is a legal term for the link between a worker’s acts and the job. That link can affect whether the employer must answer for the harm. It depends on the facts.

## What can change the answer

A trip to work or a personal errand may be treated differently. The work duties and trip purpose matter. A logo on a car is not enough to decide.

## A useful next step

Save the business name and trip details. Ask what role the driver had in the business.

## Court decisions behind this answer

### Perez v. Van Groningen & Sons, Inc. (1986)

41 Cal.3d 962, pp. 967–970. A worker could still be doing the employer’s work despite breaking a rule against giving a ride.

Limit: This does not make every personal trip a work trip. Scope of employment depends on the work and facts.

Source: https://law.justia.com/cases/california/supreme-court/3d/41/962.html

## Sources

- [Civil Code § 2338 — Responsibility for an agent’s conduct](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=2338.)
- [CACI No. 400–401 — Negligence and the standard of care (2026 edition)](https://courts.ca.gov/system/files/file/judicial_council_of_california_civil_jury_instructions_2026.pdf)
- [Perez v. Van Groningen & Sons, Inc. (1986) 41 Cal.3d 962](https://law.justia.com/cases/california/supreme-court/3d/41/962.html)

General information, not legal advice.