How vicarious liability can apply to a motor vehicle accident

| Dec 26, 2019 | Motor Vehicle Accidents |

An accident caused by a semi-truck or some other type of commercial vehicle can have devastating consequences for unsuspecting motorists. Far too often, these individuals suffer catastrophic injuries such as those that affect their brain and spinal cord. The physical, emotional and financial losses that stem from these motor vehicle accidents can be overwhelming and threaten to derail an individual’s life at a time when they feel utterly cheated by the party who caused the accident in question.

While a personal injury lawsuit filed against a negligent driver may lead to the recovery of compensation, in many instances these negligent individuals are unable to pay for the full extent of the damages they have caused. This can leave motor vehicle accident victims in a tough financial position without additional recourse. Fortunately, though, these individuals have another option, which would be pursuing a vicarious liability claim.

Vicarious liability holds an employer responsible for the actions of their employees under certain circumstances. Therefore, those who succeed on a vicarious liability claim are typically more likely to recover the full extent of their damages because employers have more assets that can be utilized to pay a judgment than an individual driver.

In order to succeed on one of these claims, though, certain legal elements must be proven, such as that the driver was on the clock at the time of the accident and was performing his or her job duties at the time. An employer may try to defend against one of these claims by arguing that the employer was operating outside the scope of his or her employment at the time of the accident.

Those who choose to pursue any type of personal injury lawsuit should consider seeking out legal assistance. However, those who are contemplating filing a vicarious liability claim may want to take extra care in determining whom they choose to help them develop their legal strategy given the fact that their claim will likely be hotly contested. Therefore, victims of commercial vehicle accidents should carefully consider how they wish to proceed in these matters

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Case Results

$10,000,000 – Birth injury Medical malpractice case for newborn’s disabilities

$7,200,000 – Prison Medical Malpractice Failure to treat and diagnose an infection causing multiple organ failure and blood circulation. Such required both legs and both hands to be amputated.

$3,400,000 – Car accident Auto collision case (details are confidential)

$2,700,000 – Brain injury Failure to timely treat headaches resulted in brain injury, memory loss and ability to ambulate.

$2,500,000 –  Medical malpractice Death from a Maui medical facility’s delayed treatment of heart attack symptoms

$10,000,000 –  Birth injury Medical malpractice case for newborn’s disabilities

$7,200,000 – Prison Medical Malpractice Failure to treat and diagnose an infection causing multiple organ failure and blood circulation. Such required both legs and both hands to be amputated.

$3,400,000 – Car accident Auto collision case (details are confidential)

$2,700,000 – Brain injury Failure to timely treat headaches resulted in brain injury, memory loss and ability to ambulate.

$2,500,000 –  Medical malpractice Death from a Maui medical facility’s delayed treatment of heart attack symptoms

$2,500,000 –  Medical malpractice Settlement for the family of a man who died from a reaction to the wrong drug

$2,200,000 –  Catastrophic injury Negligence leading to disabling back and neck injury

$1,625,000 – Ship Worker Injury to a ship worker, who suffered serious permanent injuries. Details are confidential.

$1,600,000 –  Medical Malpractice Medical negligence for a delayed diagnosis of cancer

$1,500,000 –   Whale Watch Passenger For injuries suffered to whale watch vessel passenger

$1,000,000 –  Failure To Diagnose Colon Cancer Failure to perform diagnostic tests for colon cancer by a primary care physician.

$1,000,000 –  Misdiagnosis Policy Limits For misdiagnosis of lupus of a woman that resulted in kidney failure.

$1,625,000 – Ship Worker Injury to a ship worker, who suffered serious permanent injuries. Details are confidential.

$1,000,000 –  Motorcycle Collision Policy Limits Automobile turned left in front of motorcycle, causing death.

$1,000,000 – Medical Malpractice Policy Limits Malpractice of a physician who delayed a diagnosis of colon cancer.

$9,500,000 – Auto Accident Client suffered back and neck injuries from a rear end collision.

$800,000 –  Medical Malpractice for an older gentleman who was not given a test for prostate cancer, resulting in undiagnosed metastasized terminal cancer.

$600,000 –  Golf Cart Collision Our client suffered serious back injuries

$500,000 –  Pedestrian Hit By Auto Underinsured Motorist Policy Our client was on the curb when a car hit her.

$443,000 –  Defective Rental Car Judgment entered by a Maui court after a nearly 3 week trial of our client who suffered a knee injury when the rental van seat was not properly attached to the floor.

$375,000 – Dram Shop (Liquor Service) Liability Our client was hit by a person, served excess alcohol.

$375,000 –  Night Club Beating Our client was illegally assaulted

$275,000 –  Slip & Fall On Premises A slip and fall case on a Chinatown sidewalk that the City has a duty to maintain, but outside a restaurant, who did regularly maintain the area. The City and restaurant were both liable.