What if the at-fault driver was working when the crash happened?

Two consequences follow. First, there may be far more insurance available than a personal auto policy provides. Second, there is a second defendant whose own conduct — how it hired, trained, dispatched and maintained — can be examined, and whose records exist only for a limited time before routine destruction.

Facts that usually decide scope of employment: whether the trip was assigned, whether the driver was paid for that time, whether the vehicle was company owned or reimbursed, whether the driver was on the clock, whether a delivery or service call was in progress, and whether the route was a personal deviation. Georgia's going-and-coming principle generally treats ordinary commuting as outside the scope of employment, with recognized situational exceptions. Evidence comes from dispatch logs, GPS and telematics, timekeeping records, work orders, delivery scans, phone records and the employer's own policies. Many of those records are retained on short cycles, so a written preservation request early in the claim matters more here than in an ordinary two-car case. Independent-contractor labels do not automatically end employer responsibility; courts look at actual control, not the label used in a contract.