July 23, 2024


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What Is Vicarious Liability In a Car Accident Claim?

When a person is liable for the negligent actions of another, that person is vicariously liable. Thus, vicarious liability holds one person responsible for the actions of another. Parents, guardians, employers, and employees can be vicariously liable. If you or someone you know is dealing with or curious about vicarious liability, call 1-800-Injured in West Palm Beach to connect with a lawyer in our network.

Examples of Vicarious Liability With Car Crashes
When one person owns a vehicle that is driven by another and the driver crashes that vehicle, the owner can be held liable for the damages and actions of that driver. Vicarious liability exists within the context of certain relationships. There must be at least two parties for it to apply. Below are some examples of the way it works:

Parents and Minors
Parents can be vicariously liable for the actions of their children. This is called “parental liability.” If a teenager sneaks out in the night in their parent’s car and becomes involved in a car crash, the liability for the action falls back on the parent. It’s the parents who will be held responsible for the damages and not the minors.

Employer and Employee (Small Business)
When an employee is drunk driving while delivering cargo and causes an accident, the driver of the truck isn’t the sole liable party. The company that employed him can be vicariously liable, and the damages of that incident may fall back on them.

Legal Guardian
Legal guardians can also be vicariously liable for those in their care. While this can include children, it may also include older parents who are unable to care for themselves. If someone under your guardianship causes an accident, you can be liable.

When an oil tanker operator makes a mistake and many gallons of oil are spilled out into the environment, the resulting liability lies not with the tanker operator but with the corporation that employed him. The oil company is the vicariously liable party. The oil company’s insurance absorbs the hit and not the tanker operator.

Protecting Yourself From Vicarious Liability Lawsuits
Protecting yourself and your businesses from vicarious liability lawsuits means purchasing vicarious liability insurance. While there is no “vicarious liability” insurance, there are policies that cover vicarious liability. These policies cover you and your businesses protected from vicarious liability.

General Liability
This coverage protects you from absorbing lawsuit costs in personal injury cases or third-party property destruction resulting from the actions of you or your employees or incidents that took place on your business property.

Errors and Omissions
Another name for this insurance is “professional liability insurance.” It protects you from absorbing the costs of errors and mismanagement made by you and members of your team while in the performance of your duties.

Workers Compensation
Workers’ compensation insurance covers the value of medical expenses and lost wages if you or an employee are injured in the workplace.

The Legal Advantage
The challenges associated with liability suits can be stressful and time-consuming. As with all insurance-related issues, getting the desired result means investing your time and energy into challenges that are often solvable only through tremendous detail orientation, unwavering persistence, ironclad patience, and acute shrewdness. Thus, a good lawyer is a key asset.

How Can a Lawyer Help?
Having good legal help makes managing vicarious liability matters in auto-crash suits much easier. Most individuals are outmatched by insurance companies’ resources and experience, so good help goes a long way. Insurance companies’ priorities are to take care of themselves first and you second. Hiring a lawyer gives you an advantage to settle quickly and fairly.

A proven way to get the respect of insurance companies is to introduce solid legal representation into the picture. They understand that your lawyer knows how to protect you from the multitude of tactics and tricks they would otherwise employ in the pursuance of their bottom line. Being properly represented helps to protect you.

Which Lawyer Should I Hire?
Choosing the correct lawyer to help you with your car accident claim is important. You want to hire representation familiar with the challenges of the terrain and with a record of providing excellent service.

1-800-Injured is an attorney referral service that can connect you with a lawyer in your area. Contact us today.