Hello, I would like to ask, is the employer responsible for the death of an employee in a car accident on his way home from work around 9 pm?

If it is an employment relationship, the employer will not be responsible for traffic accidents that occur during commuting. Only when employees are personally injured in employment activities, employers are liable for compensation. The legal provisions are as follows:

The Supreme People's Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases

Article 11 Where a laborer suffers personal injury in employment activities, the employing unit shall be liable for compensation. If a third person other than the employment relationship causes personal injury to the laborer, the right holder of compensation may request the third person to bear the liability for compensation or the employer to bear the liability for compensation. After the employer assumes the liability for compensation, it may claim compensation from a third party.

If employees suffer personal injury due to production safety accidents in their business activities, and the employing unit or subcontracting unit knows or should know that the employing unit that accepts the contract or subcontracting business does not have the corresponding qualifications or conditions for production safety, it shall be jointly and severally liable for compensation with the employing unit.

The provisions of this article do not apply to the labor relations and the scope of industrial injury insurance adjusted by the Regulations on Industrial Injury Insurance.

If it is a company employee or an individual industrial and commercial household, it can apply for work-related injury identification, and the employer of the individual industrial and commercial household should bear the responsibility in the work-related injury accident. The legal provisions are as follows:

Article 2 Enterprises, institutions, social organizations, private non-enterprise units, foundations, law firms, accounting firms and other organizations in People's Republic of China (PRC) and individual industrial and commercial households with employees (hereinafter referred to as employers) shall participate in work-related injury insurance in accordance with the provisions of these Regulations and pay work-related injury insurance premiums for all employees or employees (hereinafter referred to as employees).