Your employee takes a company vehicle to run an errand for you. On the way back, they swing by their kid’s school, grab lunch, and then cause a wreck. Are you on the hook? The answer depends on a legal distinction that courts have used for over a century: the difference between a “detour” and a “frolic.” This rule decides whether an employer has to pay for damages caused by an employee’s driving when the employee strays from their assigned duties. Understanding it can save business owners from unexpected lawsuits and help accident victims know who to sue.
The core idea is simple. Employers are generally responsible for their employees’ actions when those actions happen within the “scope of employment.” That’s the legal phrase for work-related tasks. If your employee is doing something you told them to do, or something that reasonably benefits your business, and they cause a car accident, you pay the bill. But when the employee completely abandons your work for their own personal business, you’re off the hook. That’s the “frolic.” A “detour” is a minor, foreseeable deviation that still keeps the employee within the scope of employment.
Think of it like this: a frolic is a total departure from the job. An employee who decides to drive two hours in the opposite direction to visit a friend, then crashes, is on a frolic. Their actions have no connection to your business. They’re acting for themselves. You didn’t authorize it, and you can’t control it. Courts almost always say the employer is not liable. The employee becomes a solo actor, and any accident is their personal problem.
A detour is different. This is when the employee takes a small, expected side trip while still doing work. For example, your delivery driver is supposed to make three stops. On the way to the third stop, they take a five-minute detour to buy coffee. While pulling out of the coffee shop parking lot, they hit a pedestrian. That detour is still part of the workday. The employee is still on the clock, still using the company vehicle, and still heading back to finish the job. The detour was foreseeable—coffee breaks happen. The employer tells the employee to drive, and the accident occurred during that driving. The employer is liable.
How do courts draw the line? They look at a few factors. What was the employee doing when the accident happened? Was the deviation for a personal reason that has nothing to do with work? How far off course were they—both in distance and time? Did the employee intend to return to work after the personal activity? If the employee was still on the way to perform a work task, even after a short personal stop, that’s a detour. If the personal activity was the main purpose of the trip, and work was an afterthought, that’s a frolic.
A classic example comes from old railroad cases. A conductor took a company train on a five-mile personal joyride to see his family. That was a frolic. The court said the railroad wasn’t responsible because the conductor had completely abandoned his job. In contrast, a delivery driver who stopped for lunch and then hit someone while pulling back onto the road was on a detour. The employer had to pay because stopping for lunch was a normal, expected break during a long shift.
For business owners, the practical takeaway is clear. You can be held responsible for accidents that happen during minor personal detours, especially when your employee is driving a company vehicle or performing work-related travel. To protect yourself, you need clear policies. Tell employees in writing that personal errands during work hours are prohibited. Require them to use their own vehicles for personal trips. And never give them free rein to wander off the clock without calling it in. If you have a fleet, install GPS tracking to monitor routes and enforce rules. That won’t eliminate liability for detours, but it reduces the chance of a frolic being mistaken for one.
Accident victims should also pay attention. If you’re hit by someone who is driving for work, don’t assume the employer will automatically pay. Investigate what the driver was doing. Was the driver wearing a company uniform? Was the vehicle branded? Did the driver admit they were on a personal errand? If they were clearly on a frolic, you can only sue the employee. But if there’s any chance it was a minor detour, name the employer in the lawsuit. Insurance companies often settle faster when a business is involved.
Courts don’t use a strict formula. They weigh the facts. A driver who stops for gas while delivering goods is still working. A driver who goes to a bar for two hours then drives home in the company truck is probably frolicking. The key is whether the employee’s actions were a reasonable, minor deviation from work or a complete abandonment of duty.
In the messy reality of car accidents, this rule keeps employers from paying for every bad move their workers make off the clock. But it also holds them responsible for the predictable, everyday choices that happen during work. Know the difference. It can be the line between paying a six-figure settlement and walking away clean.
