Accident Law Group Blog

What You Need to Know About Vicarious Liability and Respondent Superior

You think you have it all figured out after you have been involved in an accident. It is clear that another party was liable for your accident and played a negligent role in your case, and now you will be able to bring a claim against them for damages. But what about a little theory known as vicarious liability?

Could this theory change the course of your injury case and, right before your very eyes, introduce another party at fault for your injuries? Today we will discuss vicarious liability and what it is, as well as something known ‘respondeat superior’ and the role they might play in your case.

How Vicarious Liability Plays a Role in Your Case



In certain situations, somebody else could be liable for an accident based on their responsibility over the acts of another person. What does this mean? It means that, based on the relationship someone has with an at-fault party, they could really be the liable party in an accident instead. In another way, it means that somebody is responsible for the negligent actions of a party. Here’s an example: A car owner lends their vehicle to another person. However, they don’t take into consideration that they are lending their vehicle to a party that is not very responsible and has a bad record on the roads. If that person then gets into a car accident, the owner of the vehicle could be held responsible for any damages that result.

In the same situation, a parent could be responsible for the actions of their children if they lend them their vehicles. Or, sometimes a car rental company could be held liable in cases where they rent a car to someone with a bad driving record and an accident results.

Accidents Caused by Employees

There is also another theory known as “respondeat superior,” which means “let the master answer” and applies to cases where an employer could be held responsible for their employee’s actions. These cases usually pop up when an employee causes an accident in an employer’s vehicle while in the course of their employment. Here’s an example: An employer allows their employee to drive the company vehicle. However, when they tell them to drive to a client’s office to drop off paperwork, they get involved in a serious accident and injuries result. Since the accident happened during the scope of employment, the employer could share liable or be liable in full. However, if the employee was not authorized to leave work or drive the company vehicle, the employee could be fully liable for the accident under this theory.

As you can see, there are many instances where vicarious liability applies. At Accident Law Group, we understand the many rules and laws that may play a role in your accident case and can apply our knowledge to your case to get you the results you deserve. If you have been injured in an accident and are seeking compensation, let us help you with your claim.

Call us today at 602-262-4254.



Sources:

https://www.justia.com/injury/negligence-theory/vicarious-liability-respondeat-superior/

 

Contact Us:

Accident Law Group

Phoenix, Arizona

Google+: https://plus.google.com/u/5/116776840970555049445

 

Official Site: https://www.accidentlawgroup.com/

Accident Law Group co-founding partner Joseph L. Brown discusses why you should call ALG immediately following an accident. If you or a loved one have been injured in an accident call (602) 262-4254 now for a free consultation. Or dial **ALG from your cell phone.

Car Accident Attorney – Joseph Brown

 

Car Accidents are a Leading Cause of Childhood Deaths

Here’s a terrifying fact: Car accidents are a leading cause of childhood deaths, according to the Centers for Disease Control and Prevention (CDC). There are many ways that these accidents can be prevented by drivers who focus solely on the road, to the proper use of car seats in children. Parents using car seats correctly can reduce these deaths by 71% for infants and 54% for toddlers. However, because many parents use car seats improperly without even knowing it, a child could be at a higher risk for injuries or death in an accident. 

There are many ways that these accidents are prevented every year in the U.S. Here are some CDC recommendations concerning car seat use:

  • Pay attention to your child’s height, weight, and other elements to determine which seat they should be using at each time.
  • Never sit your children in front of an airbag, as this could be detrimental in the event of an accident.
  • Forward facing car seats can be used from age 2 to 5.
  • Car seats should be installed correctly. If you can’t do this yourself, there are many certified Child Passenger Safety Technicians who may be able to help.

All 50 states have laws that address child seats. These laws are meant to protect children from car accident wrongful death cases. What happens when your child has been killed in an accident due to another party? How do these cases work and how will you be able to gain compensation due to your losses?

Car Accident Wrongful Death Cases Involving Children

Nobody wants to think about the terrible event of losing his or her children in a wrongful death case. However, when these accidents do unfortunately take place, you may wonder how you can seek damages against a negligent party. Some of the damages that are typically recoverable in cases involving children include medical and hospital bills, loss of consortium for the companionship a child provided, and funeral expenses. Parents can even go as far as to seek damages for aspects like loss of financial support that the parents received from the child. This happens in cases where a child may have been helping with finances around the house while they lived with their parents.

The courts will consider aspects of the child’s age, health, and capacity of the child to determine just how much should be granted in a case like this. The damages tend to be extensive, seeing as nobody should ever lose a child. If you are a parent who has lost a child in a car accident wrongful death, you may wonder where to turn for help.

At the Accident Law Group, we help you prove a party liable for damages in your case when you have lost a child. Perhaps all of the details in your case are not clear to you, which is where an attorney may be able to help with these different aspects you never considered. We can help you compensate on behalf of your child, who lost their life unfairly in a car accident. Call us today for more information at 602-262-4254.

Sources

https://www.avvo.com/legal-guides/ugc/damages-for-wrongful-death-of-a-child

 

Accident Law Group co-founding partner Joseph L. Brown discusses why you should call ALG immediately following an accident. If you or a loved one have been injured in an accident call (602) 262-4254 now for a free consultation. Or dial **ALG from your cell phone.

 

Contact Us:

Accident Law Group

Phoenix, Arizona

Google Site: https://sites.google.com/view/accident-law-group/home

Official Site: https://www.accidentlawgroup.com/

 

Here at Accident Law Group, our entire firm handles only accident/injury cases. 100% of our work is building, arguing, and winning injury cases just like yours. It is what our founding partners named the firm, because accidents are all we focus on.

15650 N Black Canyon Highway, Suite B-155, Phoenix, AZ 85053

(602) 262-4254

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