subject: Vicarious Liability in Car Accident Cases [print this page] In car accident cases, the main priority of the judge or the jury is to determine who is liable for the victim's injuries. This is often accomplished by looking at the actions of both drivers prior to the car accident. If one of them was proven to be negligent, he will then be required to provide proper compensation to the victim.
However, there are instances when a third party is also liable in the accident. The "vicarious liability" theory will be used as a basis if accident was caused by a negligent individual who is using another's car. Even if the owner is not the one who is behind the wheel when the crash occurred, he may still be found guilty of negligent entrustment.
If you want to file a case which is based on this theory, you will have a higher chance of winning it if you consult a Los Angeles car accident lawyer.
The car owner may be liable in the accident if:
* An employee was driving the vehicle- He will be held accountable for his employee's negligent driving actions. He is expected to hire skilled drivers so any mistake made by their workers while performing their job is also his concern. For example, he will be responsible if a drunken company driver crashes into a vehicle while delivering goods.
* He allowed an incompetent driver to operate the car- If he allowed an unskilled driver to borrow or drive his car, he will be held liable if the driver's negligence resulted in an accident. He will be required to shoulder the medical bills and other losses of the victim if he knows that the driver is unfit to drive at the time when the vehicle was being borrowed.
Here are some examples of negligent actions, which may lead to an accident:
1. Drunk driving
2. Tailgating
3. Speeding
4. Cell phone use while driving
5. Aggressive driving
6. Failure to yield the right-of-way
* He allowed his kids to drive the car- Children below 14-years old do not have the proper driving skills so they should never be allowed to operate a vehicle. The car owner will be liable in an accident if it occurred because he allowed his child to drive the vehicle.
Consulting a Lawyer
If you were injured in a car accident caused by a negligent driver, you are advised to consult a Los Angeles personal injury lawyer. This expert will determine who are liable for your injuries. In addition, he'll enable you to recover monetary damages by building a good case against the car driver and owner, engaging in settlement talks, and representing you in court.
