Q: If I'm an employee at a comp. that I own and I have a car accident driving home, can my company be held liable in Ca.

A: In California, the legal concept of "respondeat superior" applies, which means an employer can be held liable for the actions of employees performed within the scope of their employment. However, commuting to and from work typically does not fall under this scope, as it's usually considered personal time.

In your case, since the car accident occurred while you were driving home from visiting a patient, a key factor would be determining whether you were still performing duties related to your employment at the time of the accident. If you were on call or performing a task for your company, there could be a possibility for liability. Conversely, if you had completed your workday and were simply commuting home, it is less likely that your company would be held liable.

It's also important to note that being an owner of the company adds complexity to the situation. The specifics of your role and the nature of your work activities at the time of the accident would be critical in assessing liability.

Given these complexities, it would be advisable to consult with an attorney who has expertise in personal injury and employment law in California. They can provide a more detailed analysis based on the specific facts of your case.

A: As my colleague notes, commuting is generally considered outside of work. But the unpredictable element is that there is no telling who an aggressive attorney might name in a claim - whether defensible or not. Good luck