If you run a business and one of your employees causes a car accident while on the job, you might be on the hook for the damages. That is the basic rule of employer liability, known legally as “respondeat superior” – but forget that Latin phrase. What matters is this: you are responsible for your employee’s mistakes when they are acting within the scope of their employment. But what happens when the employee takes a side trip for a personal reason before the accident happens? That is where things get messy, and where a concept called the “frolic and detour” rule decides whether you pay or walk away.

Imagine your employee is a delivery driver. Their route takes them across town. On the way, they decide to stop at a coffee shop that is two blocks off the route. While leaving the coffee shop, they run a red light and hit another car. Is that accident your problem? The answer depends on how far off course they went and what they were doing when the crash occurred. The law draws a clear line between a mere detour and a full-blown frolic.

A detour is a minor, temporary departure from the employee’s work duties. For example, the driver who stops for coffee on a route that is still part of their assigned area is likely still considered to be on the clock. The reasoning is simple: the employer still has some control over the employee’s actions, and the errand is not so far removed from work that it breaks the connection. In such cases, the employer is usually liable for any accident the employee causes during that detour.

A frolic, on the other hand, is a major deviation that has nothing to do with the job. Suppose your delivery driver finishes their assigned route and then decides to drive to a different city to visit a friend. While on that personal trip, they cause an accident. That is a frolic. The employee has abandoned their work entirely. At that point, the employer is no longer responsible. The driver is acting purely for their own purposes, and you have no control or benefit from their actions.

The courts look at several factors to decide whether a side trip is a detour or a frolic. How far off the route was the employee? Was the detour short in distance and time? Did the employee still intend to return to their work duties after the errand? Did the employer benefit in any way – for example, if the coffee shop was also a customer? And was the employee acting on a personal whim or because of a work-related reason? The more the trip looks like a personal indulgence without any connection to the job, the more likely it is a frolic.

Another twist: if the employer has a policy that forbids personal errands during work hours, that policy can help protect you. But it is not a magic shield. If your employee violates that policy and the accident happens during a minor detour, a court may still find you liable if the deviation was minor and the employee was otherwise acting within their job duties. The policy is evidence, but it does not automatically turn every detour into a frolic.

What about commuting? If an employee causes an accident while driving to or from work, that is generally not your problem. Commuting is considered a personal activity unless the employer is paying for the commute, requiring the employee to use a company vehicle, or asking the employee to perform a work task while driving home. For example, if you tell your employee to stop by a client’s office on the way home, that trip becomes work-related. An accident during that stop would likely fall back on you.

Also consider the vehicle itself. If the employee is driving a company-owned car, you are almost always liable for any accident they cause during working hours – even if they make a minor personal detour. Courts treat company cars as extensions of the business. Your liability is higher because you have control over the vehicle and the employee is using it for your benefit. If the employee is using their own car, the analysis is more about whether they were doing work at the time. For instance, a salesperson who uses their personal car to visit clients and causes an accident while driving from one client to another is still acting within the scope of employment.

Insurance complicates things further. Your commercial auto policy may cover accidents caused by employees during detours but not during frolics. It is crucial to know your policy’s exact language. And if your employee is on a frolic, their personal auto insurance becomes primary. But if the accident causes severe injuries, the injured party may still sue you, arguing the deviation was minor enough to count as a detour. That is where a judge or jury makes the call.

The bottom line: when an employee causes a car accident, ask one question first: were they doing something for the job at the moment of the crash? If the answer is yes, or even maybe, you are likely liable. If they were clearly on a personal joyride far from work, you can probably breathe easier – but be ready to prove it with evidence like GPS data, witness statements, or delivery records. The best protection is a clear written policy about personal use of vehicles during work hours, and training employees on what counts as an acceptable detour.

Remember: the law wants employers to control their workers. If you can show that your employee abandoned your control for a purely personal reason, you escape liability. But if they took a small side trip that any reasonable person would consider part of the workday, the bill lands in your lap.