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Glossary

Respondeat superior

The rule that makes an employer legally responsible for harm an employee causes while doing the job, that is, within the scope of employment.

Last reviewed By the Editorial team 2 min read

General information, not legal advice. Talk to a licensed attorney in your state.

Quick answer

Respondeat superior (Latin for "let the master answer") is the rule that makes an employer legally responsible for wrongful acts of an employee done within the scope of employment. If a worker causes a crash while doing the job, the employer can be liable along with the worker.

In a car accident claim#

The rule matters because a business usually carries more insurance than an individual driver. When a delivery driver, sales rep or truck driver causes a crash on the clock, the claim can run against the employer and its commercial policy, not only the driver's personal coverage.

Two questions decide most cases. First, was the driver an employee? Cornell's legal dictionary notes that the rule applies to employees but not to an Independent contractor. A worker who runs their own business and controls how the work is done. The respondeat superior rule that applies to employees does not apply to independent contractors. Glossary. Second, was the driver acting within the scope of employment, doing the kind of work they were hired to do, or on a personal errand? The guide to company vehicle accidents covers both questions, and truck accidents explains how carriers fit in.

Some states add separate rules for vehicle owners. In New York, for example, every vehicle owner is liable for deaths and injuries caused by the negligence of anyone driving it with the owner's permission.

Example#

Questions people ask

What does "scope of employment" mean?

Cornell's legal dictionary defines it as the range of activities an employee is reasonably expected to perform as part of the job. Driving between work sites usually fits; a personal side trip during the workday can be disputed, and states draw that line differently.

Is the employee still liable too?

Generally, yes. The employer's liability is added to the driver's own, not a replacement for it. Federal employees are a special case handled under the Federal Tort Claims Act.

Sources

  1. Cornell Law School, Legal Information Institute, Respondeat superior — employer liability within the scope of employment; independent contractors
  2. Cornell Law School, Legal Information Institute, Scope of employment — what counts as part of the job
  3. New York State Senate, Vehicle and Traffic Law § 388(1) — as of October 2026

Last reviewed October 29, 2026 by the Accident Claim Facts editorial team. Found an error? Tell us.

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