What if a delivery driver was on a break or personal errand when the commercial crash occurred?
Reviewed by Jeffrey S. Altman · Florida Bar No. 159174 · Million Dollar Advocates Forum member · Reviewed 10 November 2026
Employer liability depends on whether the driver engaged in a slight deviation (detour) or a complete abandonment of job duties (frolic). Under Florida agency law, an employer remains vicariously liable for an employee's driving if the detour was minor and reasonably connected to their overall employment. Even if an insurer argues the driver was outside the scope of employment, the delivery company can still face direct liability for negligent entrustment under Florida law for permitting an incompetent or suspended driver to operate the vehicle. Jeffrey S. Altman analyzes GPS data, telematics, and dispatch records to establish company responsibility.