Vehicle-into-store crashes injure shoppers and staff with no warning. These events also trigger complex insurance and legal issues. This guide explains who may be liable, what evidence matters, and how Texas law allocates fault.
Joe I. Zaid & Associates represents injured Texans in these cases statewide. We offer free consultations.
Why storefront crashes matter
- Vehicles strike commercial buildings more than 100 times per day in the U.S., causing thousands of injuries each year.
- Many impacts occur at low speed in parking lots, where “pedal misapplication” is common. NHTSA estimates about 16,000 pedal‑error crashes per year.
Who can be liable?
More than one party may share fault. Texas juries assign percentages to each.
The driver
Drivers are usually the primary defendants. Common causes include pedal confusion, distraction, impairment, medical events, or speeding. NHTSA links roughly 16,000 crashes a year to pedal errors, often in parking maneuvers.
The vehicle owner (negligent entrustment)
An owner who lends a car to an unlicensed, reckless, or incompetent driver can be liable. Texas courts list five elements: entrustment, unfit driver, owner’s knowledge or reason to know, driver negligence, and proximate cause.
The employer
If the driver was on the job, the employer may face vicarious liability. Commercial policy limits and umbrella coverage often apply. Evidence of scope of employment is key. (General principle; policy details vary by case.)
The property or store owner
Texas premises law protects invitees like customers. Owners must use reasonable care to make the premises safe from conditions they know about or should discover. Proof of actual or constructive knowledge of the specific dangerous condition is required.
- Texas courts focus on the hazardous condition at the time and place of injury, not just a general risk. Prior “situations” that could cause a hazard usually are not enough without proof of the actual condition that caused harm.
Product or maintenance defendants
If a defect or failed repair contributed (brakes, shifter, throttle, barrier), product and maintenance claims may be in play. Investigation and expert testing decide these issues. (Case‑specific.)
Texas premises liability in storefront cases
The invitee standard
Customers are invitees. An invitee must show the owner knew or should have known of an unreasonably dangerous condition and failed to make it safe or warn. Evidence of how long the condition existed matters on constructive notice.
Recent Texas Supreme Court guidance confirms knowledge must tie to the specific hazardous condition, not only to an antecedent practice or layout that might lead to danger.
Barriers and industry standards (ASTM F3016)
Protective devices like bollards can prevent low‑speed intrusions. ASTM F3016 provides a test method using a 5,000‑lb surrogate vehicle at 10, 20, or 30 mph (S10/S20/S30) with strict penetration limits (P1: ≤1 ft). These are industry benchmarks, not laws, but experts use them to assess reasonable safety.
- When head‑in parking faces a glass storefront or queue area, experts often analyze whether F3016‑rated barriers were feasible. That analysis supports, but does not replace, the Texas notice and foreseeability requirements.
Note: States differ on foreseeability. Some older decisions elsewhere reduced duty without prior similar events, while other courts have allowed barrier claims based on broader foreseeability. Texas focuses on knowledge of the specific dangerous condition.
Comparative fault and multiple defendants
Texas uses a modified comparative fault rule. A claimant cannot recover if more than 50% at fault. At 50% or less, recovery is reduced by the claimant’s percentage.
- A defendant over 50% at fault can be jointly and severally liable for the full damages, subject to contribution rights against others.
Insurance layers and coverage gaps
- Driver coverage: Personal auto policies often exclude driving for hire or delivery. Ask about endorsements that cover app‑on or delivery periods, which often see gaps. (tdi.texas.gov)
- Store coverage: Commercial general liability (CGL) addresses third‑party injury claims; commercial property policies cover building damage from vehicle impact. (Policy‑specific.)
- Umbrellas: Drivers, employers, and businesses may have excess coverage.
- Government defendants: If a public entity is involved, the Texas Tort Claims Act caps damages ($250,000/$500,000 for the State or a municipality; $100,000/$300,000 for other local units). These caps are jurisdictional.
Damages you can seek
- Economic losses: Medical bills, future care, lost wages, loss of earning capacity, and property damage.
- Non‑economic losses: Pain, physical impairment, and mental anguish.
- Punitive damages: Possible in cases of gross negligence, such as egregious negligent entrustment, subject to Texas caps.
Note: Caps differ if a governmental unit is a defendant. Health‑care–specific caps do not apply to typical crash cases.
Building a winning case
Move fast on evidence
- Request store and nearby video right away. Ask for 24/7 coverage and all camera angles.
- Photograph the layout: stall orientation, sidewalk width, glass doors, bollards, and wheel stops.
- Secure 911 audio, incident reports, and prior‑incident logs.
- Preserve vehicle data and inspect for defects.
Early spoliation letters help lock down critical footage and records. (Best practice.)
Use the right experts
- Accident reconstructionists to analyze speed, path, and pedal input.
- Human factors experts for pedal error and perception‑reaction.
- Engineers for ASTM F3016 barrier design and penetration analysis.
- Medical experts for causation and future care.
Proving premises knowledge
- Show prior crashes or near‑misses at the same site.
- Tie store knowledge to the specific hazard location (e.g., an unprotected entrance facing head‑in parking).
- Use policies, emails, and work orders to prove notice and failure to act. Texas law requires evidence of the dangerous condition that caused the injury, not just general risk.
Practical FAQs
Do stores have to install bollards?
There is no Texas statute that mandates storefront bollards. But F3016 is a recognized test method, and failure to consider feasible protective devices can support negligence opinions when risk is high. Whether that meets Texas notice and causation requirements is fact‑specific.
What if the driver was delivering?
Personal policies often exclude delivery or rideshare activities without endorsements. Coverage can shift among personal, employer, and platform policies, and gaps are common.
What if a city‑owned building is hit?
Suits against governmental units face strict notice rules and damages caps under the Texas Tort Claims Act.
What to do after a storefront crash
- Call 911 and get medical care.
- Photograph the scene and vehicles.
- Get witness contacts and save receipts.
- Ask the business to preserve all video and incident reports.
- Do not give recorded statements or post online.
- Call an attorney experienced in multi‑defendant cases.
How Joe I. Zaid & Associates can help
We investigate fast, retain the right experts, and pursue every liable party. Our team understands insurer tactics and how to prove knowledge and causation under Texas law.
- Free consultation, 24/7.
- Phone: (346) 756‑9243
- Office: 4710 Vista Road Suite E, Pasadena, TX 77505
Key Texas authorities cited
- Knowledge and notice in premises cases: Wal‑Mart v. Reece (2002); Brookshire Grocery v. Taylor (2006); Albertsons, LLC v. Mohammadi (Tex. 2024). (casetext.com, law.justia.com)
- Comparative fault: Tex. Civ. Prac. & Rem. Code § 33.001. Joint and several: § 33.013. (texas.public.law)
- Negligent entrustment elements: Williams v. Steves Industries (Tex. 1985). (casetext.com)
- Government caps: Tex. Civ. Prac. & Rem. Code § 101.023; Gulf Coast Center v. Curry guidance on caps as jurisdictional. (texas.public.law, huschblackwell.com)
- ASTM F3016 barrier standard overview. (store.astm.org, astm.org, gibraltarperimetersecurity.com)
- Storefront crash frequency: Storefront Safety Council data. (storefrontsafety.org)
- Pedal error prevalence: NHTSA advisory. (cars.com)
