Vicarious Liability: Holding Someone Liable for a Car AccidentJacksonville Accident News
Individuals are accountable for accidents that happen for many reasons. Sometimes, it might not be as simple as holding another driver liable, as not all accidents happen the same way as others. There are many scenarios where another party could be held liable in the midst of an accident. By understanding vicarious liability and what it means, you can visit another way that accidents occur and how someone other than a passenger vehicle driver could be held liable.
What is Vicarious Liability?
Vicarious liability is a legal term that means to hold someone legally liable for the actions of another party. The premise of vicarious liability usually comes into play when a corporation is held liable for the actions of its employee. For instance, what happens in a case where a driver is involved in an accident with another vehicle while they are working in their scope of employment? The other driver, who has received injuries as a result of the accident, could bring a claim for vicarious liability against the employer.
What is the Scope of Employment?
An employer is only responsible for an accident if their employee was working in the scope of employment at the time of the accident. What is the scope of employment? This test happens when the employee is acting within their work duties at the time of the accident. If you have become the victim of an accident, you must be able to show that the employee was working at the time if you wish to hold the employer responsible.
Here is an example of an employee working in the course of employment: If they were running a business errand that their employer sent them on, they were working in the scope of the employment. Here is an example of an employee not working in the course of employment: An employee takes their own vehicle on their lunch break and becomes involved in an accident even though they are not technically on work time. Under these circumstances, you can only hold the driver liable, and not the employer.
Understanding Negligent Entrustment
Negligent entrustment is a bit different than vicarious liability but sometimes comes into conversations. If you give somebody access to your vehicle and they cause an accident, you can sometimes be liable. This is sometimes apparent in cases where you allow your teen child to drive your vehicle and they cause an accident. It also comes into play if you knowingly hand over your vehicle to somebody who is driving intoxicated. It is important that you ensure that somebody is fit to drive your vehicle if you want to ensure that you will not be held liable.
The Help of an Attorney After a Car Accident
If you have been injured in a car accident and believe that a driver and their employer should be held responsible, you might be able to hold them liable under vicarious liability laws. Your claim is important when you have been injured suddenly in a Florida car accident. Our skilled attorneys at Sheftall & Associates are dedicated to helping you through this challenging time as you navigate the legal system and work toward compensation. Please contact our law firm in Florida at (904) 575-9026 for the help you deserve.