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Motor vehicle accidents and vicarious liability

| Dec 19, 2019 | motor vehicle accidents |

Dealing with the aftermath of a serious motor vehicle accident can be stressful, overwhelming and downright terrifying. Many car accident victims struggle merely to cope with the physical pain they must endure, yet they also have to confront the emotional and financial damages that are thrust upon them. As scary as that is for motor vehicle accident victims, they may be able to seek relief through a personal injury lawsuit.

If successful on one of these claims, victims may be able to recover compensation for their damages. However, sometimes the damages are so extensive that even winning against a negligent driver in his or her capacity may not lead to a big enough recovery to satisfy a victim’s needs. In other words, one person may not have the funds necessary to make a victim whole again. This is why, depending on the circumstances, it may be important to consider also pursuing a vicarious liability claim.

Vicarious liability is a legal theory whereby an employer can be held liable for damages caused by its employees so long as certain circumstances exist. Amongst those circumstances are that the negligent driver was on the clock and performing his or her job duties at the time of the injurious motor vehicle accident. Therefore, these vicarious liability claims most often arise in the context of truck accidents and commercial vehicle accidents. Those accident victims who are able to succeed on one of these claims obtain the ability to recover compensation from a party that is much more likely to be able to pay out whatever judgment comes out of the lawsuit.

As great as that may sound, the reality is that vicarious liability claims are often aggressively defended against since they are typically filed against companies. These companies typically have experienced legal professionals on their side who will fight tooth and nail to avoid liability and massive payouts. Therefore, motor vehicle accident victims who want to learn more about how to pursue one of these claims may need to consider discussing the matter with their personal injury attorney.