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/

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Accident Law Group

Phoenix, Arizona

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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

VIDEO

https://youtu.be/o2WquWEHt74

http://bit.ly/2E5Jmuq

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How Do You Pay for Your Medical Bills After a Car Accident?

After you have been involved in a car accident, you could face a variety of damages, like damages to your vehicle and serious injuries that could take a huge toll on your life. You may be dealing with pain and other symptoms and have already received immediate medical attention right after your accident has happened. One of the most disorienting parts of these cases is that you may end up responsible for your own bills when you can’t receive compensation in a certain amount of time. So who pays the bills and helps you in your time of need after you have sustained serious injuries?

The Defendant’s Role in Playing

You’ve identified the liable party in your accident and now you wonder how you will be compensated. If you get into an accident, you will be responsible for your medical bills until your personal injury case is settled. A party may have even been considered “at fault” for your accident but this does not mean that they will have to pay your medical bills after a car accident on an ongoing basis. This means that a defendant will usually not have to pay your bills as they come in, but instead as damages as a result of your lawsuit.

In some states, there is a “no fault” limit, which can add limitations to your account. You will be responsible for paying bills as they come in after this limit has been met. If you have health insurance, your health insurance will kick in after this amount has been met. If you do not have health insurance and the limit has been met, you will have to figure out another way to pay. If you live in a state that is not “no fault,” then you may be stuck with your medical bills. Arizona is a no fault state, which means that there will be limitations when it comes to your case and damages.

Reimbursement to the Insurance Companies

Let’s say that your insurance company covered your medical bills after a car accident, and then you win your lawsuit, so now the defendant is liable for paying your medical bills. In these cases, you will have to reimburse your insurance company for what they covered when your accident first took place. This means payments for a health insurer, Medicare, Medicaid, or any other entity that played a role in paying for your medical bills in your time of need.

You don’t want to end up on the hook for your medical bills, especially when those bills reach somewhere in the thousands or millions as with the most serious accidents. Because of this, you should speak to an attorney as soon as possible about your case so that you don’t end up in an adverse situation with no way out. At the Accident Law Group, we will play an important role in your case and want to help you gain the compensation you deserve. Call us today at 602-262-4254.

Sources

https://www.dmv.org/insurance/paying-medical-bills-before-receiving-personal-injury-compensation.php

http://www.alllaw.com/articles/nolo/personal-injury/pay-medical-bills-after-accident.html

Contact Us:

Accident Law Group

Phoenix, Arizona

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

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

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

(602) 262-4254

VIDEO

https://youtu.be/o2WquWEHt74

http://bit.ly/2E5Jmuq

KEYWORDS

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Pedestrian Accidents

When a pedestrian has been hit by a vehicle, it’s almost like fault is obvious. Most people will say that the vehicle driver is liable for injuries because there is no reason to ever hit a pedestrian by accident. However, just as many accidents go, it happens from time to time. And just because a pedestrian was hit, it doesn’t mean that it isn’t their fault. Today we’ll take a closer look at pedestrian accidents, what should be done afterwards, liability, and more.

Why Pedestrian Accidents Occur

Statistics show that pedestrians are involved in 13% of vehicle-related fatalities. Yes, drivers are legally responsible for controlling their vehicles at all times, but sometimes accidents are not their fault. If you have been injured in your accident, you may sometimes find that your damages are reduced if you made a mistake and walked out in front of a vehicle. Here are some of the common reasons why these accidents occur:

Improper Lane Use: Most accidents between pedestrians and drivers occur because improper lane use. A pedestrian could be forced onto the road, leading to one of these terrible and serious accidents.

Unmarked Crosswalks: Intersections are one of the main places where pedestrians get hit every year. Pedestrian pathways on roads make things easier and allow drivers to see where people may be walking, but if they are not marked properly, it can lead to issues.

Left-Hand Turns: A large majority of pedestrians are hit by cars that are turning left because the drivers are usually looking elsewhere, such as negotiating when to turn, rather than looking straight ahead at those walking.

Distractions: Sometimes, texting pedestrians aren’t watching where they are going and walk out onto the roadways, causing an accident.

The Driver’s Duty of Care

In most cases, it is the fault of the driver in a pedestrian-on-vehicle accident. Drivers simply owe pedestrians a duty of care to watch out for them at all times and navigate the roads as safely as possible. If they do not, this is considered to be negligence. Some of the ways in which drivers act negligently each year is by driving distracted, failing to yield to the right of way to pedestrians, disregarding weather conditions, and failing to signal while turning.

Determining Fault After an Accident

No matter who you believe was at fault for the accident, you should always seek medical treatment immediately. This is one of the best ways to document your injuries and the impact the accident left on you. After these accidents, it can be very difficult to determine who was at fault, but it helps to have that documentation later down the line so that you can show the courts the effect it had on you and how much you deserve in compensation.

Often times, if a driver is found liable, they disobeyed the rules of the road, forgot to come to a full stop at a stop sign, were caught speeding, or were distracted while they were driving. In accidents where it is the fault of the pedestrian, sometimes it is caused by jaywalking, being in the crosswalk at an inappropriate time, or walking on the road instead of the sidewalk.

However, in the many cases where both parties were at fault for the accident, the “comparative fault rule” will likely come into play. This says that, whatever damages you are owed, they will diminish based on your percentage of fault in the accident.

As you can see, there are many elements that determine how much you will receive in damages for your injuries after you have been hit by a vehicle. Determining fault can be a difficult thing to do, which is why you may need the help of an attorney. Call us today at the Accident Law Group at 602-262-4254 to talk about your case and find out how we can help. We have experience in these accidents and can help you achieve the compensation you deserve.

Contact Us:

Accident Law Group

Phoenix, Arizona

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

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

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

(602) 262-4254

VIDEO

https://youtu.be/o2WquWEHt74

http://bit.ly/2E5Jmuq

KEYWORDS

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