One day, between deliveries and in a company vehicle, Dave decides to get lunch. While leaving the parking lot at Big Burrito Bistro, the favorite lunch spot for most Empire Courier employees, Dave negligently causes a car accident with another vehicle, resulting in injuries to Victor, the driver of the other car. As Dave and Victor are waiting on the side of the road for the police to arrive, Victor comments to Dave, "Oh, you drive for Empire Courier Service. It doesn't surprise me that Empire hires bad drivers because their service stinks, and their prices are too high!" Dave is so offended that Victor would insult his employer's professional reputation that he punches Victor in the face, causing Victor to suffer even more injuries. Empire Courier Service does not, as a matter of policy, do criminal background checks on its employees
As for the car accident between Dave and Victor that would be Dave's fault. However, he is on company time in a company vehicle therefore, the company is liable for any damages and medical bills. Even though Dave cause the accident by negligence while driving, the company is liable for their employees while they are working. However, the court could hold Dave reliable if they feel it was not work related or if he was not working at the time. We do not have that knowledge to determine that at this time though. Another thing to consider if the accident happened on private property or not. When it happens on private property can be determined that the business, that it happened at, could be at fault. They need to be notified and report has to be made. The business could be liable due to visual blockage in areas.
When it comes to the assault on Victor, the company is also liable for those damages as well. It does not matter if Dave was provoked about a reputation of his employer's reputation. Dave will probably still be cited for the assault. The company will still be held responsible of the damage that he caused by his angry outburst. Once you are clocked in at work, the employer is 100 percent reliable for you and your actions. The company should do background checks, however, they do not so there is no way to avoid such violent behavior.