The Texas employer responsibility law plainly states that there are times when employees are acting outside of the scope of employment. This can include issues such as driving under the influence or reckless driving behavior against company policy, such as speeding or dangerous or intentional driving violations while in transit. The details of the case matter, and your accident attorney can investigate the case on your behalf for a maximized settlement involving all negligent parties.
There are other scenarios in which the other driver may not avoid complete liability but, there will be a limit on how much you can recover from that company or entity. These situations are special and typically involve claims against governmental entities. No matter how serious the damage, a driver that causes an accident while working for a unit of government will have the protection under the Texas Tort Claims Act. You will need to speak with a lawyer for an explanation of your case.