Someone hurt in a car accident, resulting in a catastrophic injury, may be entitled to compensation for economic and non-economic damages through a personal injury claim against the at-fault party. But what if the at-fault party was driving someone else’s vehicle? What if they were employed by or under the supervision of a third party? In such cases, you can also want to sue the third party for your personal injury under the legal concept we call vicarious liability.
Vicarious liability allows the injured party to file a personal injury case against a third party under whose supervision the at-fault party caused the accident. But how can someone be held vicariously liable? How can it affect your personal injury case? Is there a general principle of vicarious liability?
As an expert personal injury law firm in Nevada, we’ll answer all your questions in this article to help you understand the Vicarious Liability concept.
Understanding Vicarious Liability for a Catastrophic Injury
What is Vicarious Liability?
Vicarious liability, also known as imputed liability, is a legal concept under which the victim can file a personal injury claim against the third party for negligent actions committed by their worker.
For example, in a car accident that may result in a catastrophic injury, the individual or the company that owned the vehicle is held liable for the damages incurred by the victim instead of the driver or the person who caused the accident.
The best is to accompany yourself with an experienced personal injury lawyer to determine the compensation amount you may be entitled to. Also, it ensures you don’t miss out on anything that can strengthen your case.
Principles of Vicarious Liability
Vicarious Liability is based on two legal principles:
- Qui Facit Per Alium Facit Per Se, according to which an at-fault person acting under a third party’s supervision may not be liable for their negligence but the authorized individual or company. It means the third party, who may be the at-fault vehicle’s owner, will be financially liable.
- Respondeat Superior, according to which the master is answerable for the negligent actions of their worker.
Thus, a vehicle owner may be held liable for any injury caused by anyone they lend their vehicle under vicarious liability. In most situations, the vehicle owner’s insurance covers the damages.
How Does Vicarious Liability Work?
Understanding how vicarious liability work is essential since it differs from a usual personal injury claim, in which the victim must prove the other party’s fault to be entitled to compensation. However, under the strict liability doctrine, the plaintiff is not required to prove the defendant’s negligence, and the latter is held liable for the damages, regardless of the circumstances.
Let’s understand this strict liability concept with a truck accident example. It is applied to speeding, no matter if the driver’s over the limit intentionally or unintentionally. Vicarious Liability works on the same rule under which a third party is held accountable even if they weren’t directly involved in the accident.
When is the Owner Exempted from Vicarious Liability?
The owner is not responsible if someone takes their vehicle without permission and causes an accident. However, the victim can still file a personal injury claim against the vehicle owner’s insurance if the driver who caused the accident is uninsured. A personal injury attorney can help you get entitled to the compensation you deserve for your damages in such a case.
Need Help to Prove Someone is Vicarious Liable for Your Catastrophic Injury in Nevada?
A car accident injury claim can be complex, especially if the negligent person does not own the vehicle they were driving at the time of the accident. The best is to seek legal help from an experienced personal injury lawyer to get the fairest compensation from the responsible defendants.
If you’re looking for an experienced personal injury attorney to claim vicarious liability against a party in Nevada, contact Bourassa Law Group, a leading personal injury law firm in Nevada, serving clients with personal injury claims for years. Our attorneys are well-versed in personal injury law and will fight for your case to get you the compensation you deserve.
Call 800-870-8910 or click here to contact us now.
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