When a Vehicle Crashes into a Building, Who is Liable?

When a vehicle crashes into a home or building in Texas, the driver is usually liable, but other parties may share fault, including the driver’s employer, the vehicle owner, the property owner, or even a manufacturer, depending on the circumstances of the wreck. Identifying every responsible party is the key to maximizing your compensation.

Crashes into buildings happen far more often than most people realize. They can cause catastrophic injuries, massive property damage, and lasting trauma. If you or a loved one were inside a building when a vehicle struck it, Texas law gives you the right to pursue damages from every party whose negligence played a role.

How Common Are Vehicle-Into-Building Crashes?

More common than you might think. According to the Storefront Safety Council, vehicles crash into commercial buildings roughly 60 times per day across the United States. These incidents cause thousands of injuries and dozens of deaths every year. Homes are struck frequently as well, especially properties on corners, curves, or near high-speed roadways.

In Texas, the volume of traffic, the prevalence of high-speed roads, and urban sprawl make vehicle-into-building accidents an ongoing and serious risk. The Dallas-Fort Worth metroplex and Houston metro area are especially vulnerable due to dense commercial corridors and high-speed arterials that run close to storefronts and residential neighborhoods.

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Who Is Liable When a Vehicle Crashes Into a Building in Texas?

Figuring out who is legally responsible requires a thorough investigation into why the crash happened. Depending on the facts, one or more of the following parties may owe you compensation. We’ve listed them in order of how often they are found at fault in these cases.

1. The Driver

The driver is the most common party at fault in vehicle-into-building crashes. The vast majority of these incidents stem from driver error, including confusing the gas pedal for the brake (especially in parking lots), distracted driving, drunk or drugged driving, excessive speed, falling asleep behind the wheel, or fleeing law enforcement.

If the driver failed to exercise reasonable care, they can be held personally liable for your injuries and property damage. In cases involving intoxication or extreme recklessness, you may also be entitled to punitive damages designed to punish the wrongdoer.

2. Another Driver

In many vehicle-into-building crashes, the driver who struck the building was trying to avoid a collision with a different vehicle. If a second driver’s negligence forced the first driver off the road and into a structure, that second driver may also be liable, even if their car never touched the building.

Hit-and-run scenarios are also common. A fleeing driver causes the crash, then disappears. Witness statements, surveillance footage, and accident reconstruction experts can help identify and hold the at-fault driver accountable.

3. The Driver’s Employer

If the driver was working at the time of the crash, their employer may be vicariously liable under a legal doctrine called respondeat superior. This applies when an employee causes harm while acting in the course and scope of their job. Common examples include delivery drivers for Amazon, FedEx, or UPS, commercial truck operators, rideshare drivers for Uber or Lyft, and employees running work-related errands.

4. The Vehicle Owner

If the person driving was not the owner of the vehicle, the owner may be liable under a theory called negligent entrustment. This applies when someone lends their vehicle to a person they knew (or should have known) was an unsafe driver, such as someone with prior DWI convictions, a suspended license, or a medical condition that impairs their driving ability.

Texas courts have recognized negligent entrustment claims in many cases, and this theory can significantly expand the pool of available compensation.

5. The Property Owner or Business

This is where many people are surprised to learn they may have a claim. If a building has been struck by vehicles before, or if it sits in a location that makes it foreseeably vulnerable to vehicle intrusion (such as at the end of a T-intersection, on a curve, or beside a high-speed road), the property owner may share liability for failing to install protective barriers.

Bollards, concrete barriers, guardrails, and berms exist specifically to prevent vehicles from entering occupied spaces. When a property owner knows or should know about the risk and fails to take reasonable steps, they may be liable for injuries that result. This theory is especially strong for retail storefronts facing parking lots, restaurants with outdoor seating near roadways, gas stations and convenience stores at busy intersections, and buildings that have been hit by vehicles on prior occasions.

6. A Vehicle or Parts Manufacturer

Sometimes the crash is not entirely the driver’s fault. If a mechanical defect contributed to the accident, such as sudden unintended acceleration, brake failure, a stuck throttle, or a steering malfunction, the vehicle manufacturer, parts maker, or even the mechanic who serviced the vehicle may be liable under a product liability theory.

These claims require detailed expert analysis but can dramatically increase the value of a case because manufacturers carry substantial insurance and assets.

What Must You Prove to Recover Compensation?

Texas personal injury claims are based on negligence. To recover compensation, you (the plaintiff) must prove four elements by a preponderance of the evidence, meaning it is more likely than not that each element is true. The burden of proof rests on you, not the defendant.

The four elements are:

Duty: The defendant owed you a duty of care. For drivers, this means operating their vehicle safely. For property owners, this means keeping the premises reasonably safe for occupants. For employers, this includes hiring and supervising competent employees.

Breach: The defendant failed to meet that duty. A driver who runs a red light, a property owner who ignores repeated vehicle strikes without installing barriers, or an employer who hires a driver with multiple DWI convictions all breach their respective duties.

Causation: The defendant’s breach directly caused your injuries. You must show a clear connection between the negligent act and the harm you suffered.

Damages: You suffered actual, measurable losses, including medical expenses, lost wages, pain and suffering, and property damage.

Texas also follows a modified comparative fault rule under Civil Practice and Remedies Code § 33.001. If you are found to be more than 50 percent at fault for your own injuries, you are barred from recovery. If your fault is 50 percent or less, your damages are reduced by your percentage of responsibility.

What Compensation Can You Recover?

If you were injured when a vehicle crashed into a building you were in, Texas law allows you to pursue both economic and non-economic damages.

Economic Damages

These cover your measurable financial losses: medical expenses (emergency care, hospitalization, surgery, rehabilitation, and future treatment), lost wages and lost earning capacity, property damage to your home and personal belongings, temporary housing or relocation costs, and other out-of-pocket expenses tied to the accident.

Non-Economic Damages

These compensate you for the human toll of the crash: physical pain and suffering, mental anguish and emotional distress, loss of enjoyment of life, disfigurement or physical impairment, and post-traumatic stress disorder or anxiety.

Punitive Damages

When the defendant’s conduct is especially egregious, such as drunk driving or fleeing from police, Texas courts may award exemplary (punitive) damages. These are meant to punish the wrongdoer and deter similar behavior.

Wrongful Death Claims

Vehicle-into-building crashes can be fatal. If you lost a loved one in one of these incidents, Texas law allows surviving spouses, children, and parents to file a wrongful death claim. These claims seek compensation for funeral and burial costs, loss of financial support, loss of companionship, and mental anguish.

What Should You Do After a Vehicle Crashes Into Your Home or Building?

The steps you take right after the incident can make or break your ability to recover compensation. Here is what we recommend.

Get Medical Attention Immediately

Even if you feel fine, get checked out. Adrenaline can mask serious injuries like internal bleeding, concussions, and spinal damage. A prompt medical evaluation also creates a record linking your injuries to the crash.

Call 911 and File a Police Report

Law enforcement should respond and file an official report documenting what happened. This report becomes an important piece of evidence in any claim.

Document Everything

If you are able, take photos and video of the damage to the building, the vehicle, the surrounding area, and your injuries. Collect contact information from the driver, witnesses, and responding officers.

Do Not Give Recorded Statements to Insurance Companies

Insurance adjusters are not on your side. They will look for any opening to minimize or deny your claim. Do not provide recorded statements without first talking to a lawyer.

Talk to a lawyer before you speak to an insurance adjuster. Schedule a free consultation with Varghese Summersett today.

Contact a Personal Injury Attorney

These cases can involve multiple liable parties, overlapping insurance policies, government immunity issues, and complex questions of foreseeability and causation. An experienced personal injury attorney can identify all responsible parties, preserve critical evidence, and build the strongest case on your behalf.

How Do Insurance Policies Apply in These Cases?

Vehicle-into-building cases often involve multiple insurance policies. Understanding which ones apply is essential to maximizing your recovery.

The driver’s auto liability insurance should cover injuries and damage caused by the driver’s negligence. However, many drivers carry only Texas minimum coverage ($30,000 per person/$60,000 per accident), which may be woefully inadequate for the damage caused. Commercial auto policies may apply if the driver was working, and these policies typically carry much higher limits.

The property owner’s commercial general liability insurance may apply if the owner shares fault for failing to protect occupants. Your own homeowner’s or renter’s insurance may cover property damage and temporary living expenses. And uninsured or underinsured motorist coverage on your own auto policy may provide additional protection if the at-fault driver lacks adequate insurance.

Sorting through these layers of coverage is exactly the type of work an experienced personal injury attorney handles every day.

Find out what your case is worth. Call Varghese Summersett for a free consultation.

What to Expect From Varghese Summersett

At Varghese Summersett, we approach every personal injury case with the preparation and intensity of a team that is ready to go to trial. We don’t file claims and hope for the best. We investigate thoroughly, identify every liable party, retain the right experts, and fight for every dollar our clients deserve.

Our personal injury team has recovered millions of dollars for injured Texans. We handle cases on a contingency fee basis, which means you pay nothing upfront and owe us nothing unless we win your case. With more than 70 legal professionals across four Texas offices, we have the resources and the tenacity to take on insurance companies, corporations, and government entities.

If a vehicle crashed into your home, your workplace, or a building you were in, you deserve a legal team that understands the complexity of these cases.

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Frequently Asked Questions About Vehicle-Into-Building Crashes

Can I sue the property owner if a car crashed into a building I was in?

Yes, in some cases. If the property owner knew or should have known the building was vulnerable to vehicle strikes (due to prior incidents, location near a high-speed road, or proximity to a dangerous intersection) and failed to install protective barriers like bollards or guardrails, they may share liability for your injuries under Texas premises liability law.

What if the driver who hit the building was working at the time?

If the driver was acting in the course and scope of their employment, their employer may be vicariously liable under the doctrine of respondeat superior. This is significant because commercial insurance policies typically carry much higher coverage limits than personal auto policies, which means more resources to compensate you.

How long do I have to file a lawsuit after a vehicle crashes into my home in Texas?

Under the Texas statute of limitations, you generally have two years from the date of the incident to file a personal injury lawsuit. Claims against government entities have shorter deadlines and strict notice requirements under the Texas Tort Claims Act. Contact an attorney as soon as possible to protect your rights.

What if the at-fault driver doesn’t have enough insurance to cover my damages?

Multiple insurance policies may apply, including the driver’s personal coverage, a commercial policy if the driver was working, the property owner’s liability insurance, and your own uninsured or underinsured motorist coverage. An attorney can identify all available sources of compensation and pursue claims against every responsible party.

Can I recover damages if I was partially at fault?

Texas follows a modified comparative fault rule. You can still recover damages as long as you are no more than 50 percent at fault. Your award will be reduced by your percentage of responsibility. If you are found more than 50 percent at fault, you cannot recover anything.

If a vehicle crashed into your home or a building you were in, don’t wait. Call Varghese Summersett at (817) 203-2220 for a free consultation. There is no fee unless we win your case.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every case is different, and the outcome of any legal matter depends on the specific facts and circumstances involved. If you have been injured, please consult with a qualified personal injury attorney to discuss your situation.