What is Vicarious Liability in a Car Accident Case?
If you've ever been involved in a car accident involving private or commercial vehicles, you must have heard the term "Vicarious Liability." If you don't know what it means, this article will explain its meaning in car accidents and more.
When a car crash occurs, determining the at-fault party can be challenging. In most cases, a company or person who wasn't even at the accident scene can be held liable for the car crash. That is what vicarious liability is.
It is important to hire an experienced car accident attorney from one of the top law firms, like Morris Bart, LLC, to deal with a compensation claim. These legal professionals have the expertise to deal with all the challenges that arise in a car accident claim, including determining the liable party.
What Is Vicarious Liability?
Liability is a crucial issue in car accidents. It comes in handy when one person is undoubtedly at fault and causes injury and damage to someone else's property. However, in most cases, a third party may be held responsible, even if they were not at the scene of the accident.
Vicarious liability is a legal theory that allows someone to hold another person liable for their negligent actions. It is often linked with drivers, especially commercial drivers who operate delivery vehicles or semi-trucks on behalf of another company.
For example, if you were injured in a car accident and the at-fault person was under the supervision of another person at the time of the incident, you may hold the third party liable.
Vicarious liability mainly arises in situations involving the following:
- Parents And Children: The legal guardian or parent of a person under 18 is responsible for that child's negligent actions, even if the actions were intentional, malicious, or willful. An example of a scenario in which a parent or guardian could be vicariously liable is if an exhausted or distracted teenage driver hits your car. That teenager's parent will be held liable for your injury and damages.
- Car Owners Who Lend Their Vehicles To Another Person: The legal guardian or parent of a person under 18 is responsible for that child's negligent actions, even if the actions were intentional, malicious, or willful. An example of a scenario in which a parent or guardian could be vicariously liable is if an exhausted or distracted teenage driver hits your car. That teenager's parent will be held liable for your injury and damages.
- Employers And Employees: This is one of the most common use cases for vicarious liability. If you were hit by a driver who was performing a job-related duty, then the employer can be held liable for the accident. A good example of this is a taxi driver who hits another driver when making a trip. The taxi company can be held liable for the actions of the driver since they were performing a job-related duty when the accident happened.
The Legal Principles Of Vicarious Liability
Vicarious liability is based on two general legal principles: Respondeat superior and Qui Facit Per Alium Facit Per Se. Let's expand further.
Qui Facit Per Alium Facit Per Se
This is a Latin phrase. It means "He who acts through other acts through himself." It means that an individual acting under the permission of another individual may not be held liable for injuries and damages caused by his/her negligent actions.
Rather, the person who permits those actions will be financially responsible.
Respondent Superior
This is also a Latin phrase, and it means "Let the master answer." It means that a person who acts as a supervisor over another person can be held financially liable for the negligent actions of that person.
Whatever the case may be, it helps to get in touch with an experienced car accident lawyer. This legal professional’s assistance is vital in getting fair compensation.
