Texas Employers Liability for Employee Accidents While Coming to Work

As a general rule in Texas, employers are not liable for accidents involving their employees while they are traveling to and from work. See Texas General Indem. Co. v. Bottom, 365 S.W.2d 350, 354 (Tex. 1963); Mata v. Andrews Transp., Inc., 900 S.W.2d 363, 366 (Tex. App. - Houston [14th Dist.] 1995, no writ). This general rule in Texas has been extended to employees traveling to and from a temporary job site, even when the employer has provided mileage reimbursement for the travel. See London v. Texas Power & Light Co., 620 S.W.2d 718, 720 (Tex. Civ. App. - Dallas 1981, no writ). Under Texas law, however, employers may be held liable for negligent acts by their employees under a theory of respondeat superior if the employee's actions were within the course and scope of their employment. Mata, 900 S.W.2d at 366. To show that an individual acted within the course and scope of his employment, a plaintiff must show that the act was: (1) within the general authority given him; (2) in furtherance of the employer's business; (3) for the accomplishment of the object for which the employee was employed. Id.