How Vicarious Liability Can Help You Win Your Car Accident Settlement

When you suffer an injury in a car accident, you may benefit by filing a personal injury claim against the negligent party. What does vicarious liability mean, and how can you win your accident case? Find important information below, then speak to our Rockford car accident lawyers at Fisk & Monteleone about more details.

Vicarious Liability Overview

You should understand precisely what vicarious liability means to know when a legal relationship may allow you to hold a person vicariously liable for your losses and injuries. Vicarious liability means you can hold a defendant vicariously liable for harm an ‘inferior’ inflicted on you when that person was under their control.

The most common use of vicarious liability in a personal injury claim is when an employee, in the course of their work, injures someone in an accident. Vicarious liability operates under the legal theory of ‘respondeat superior,’ meaning we can hold the employer liable for the negligent actions of their employees. However, vicarious liability does not come into the picture if the liable party was not working in the scope of their employment when the accident happened that injured you.

Say you are hit at a red light in Rockford near the Burpee Museum of Natural History. The other driver was working for Pizza Hut delivering a pie to Riverside Blvd. and Alpine Rd. If the pizza delivery driver was working when the accident happened, Pizza Hut could be held vicariously liable for your injuries. However, Pizza Hut would not be responsible if the employee was not working when the crash happened.

Who Can Be Held Vicariously Liable?

Usually, any person or entity may be held vicariously liable if the person working related to their control caused your damages and injuries. As we illustrated above, employers are typically held vicariously responsible for the negligent actions of their employees if they were working when the accident happened.

However, vicarious liability would not be transferred to the company if the employee drove on personal errands while on the work clock when the crash happened. In this situation, the driver was not acting in the scope of employment when they hit you.

Vicarious liability can be complicated to establish. Most employers will try to skirt liability for their employees’ actions if possible. That is why you should promptly retain a Rockford personal injury attorney if vicarious liability is involved.

Talk To A Rockford Car Accident Lawyer For Legal Assistance

Whether you suffered a rear-end crash by Nicholas Conservatory & Gardens or were broadsided in front of Javon Bea Hospital, our Rockford car accident attorneys understand the stress you are experiencing. First, our attorney will see if the other driver was liable, then we may obtain compensation for you for pain and suffering, lost earnings, medical bills, physical therapy, and more.

Our Rockford car accident attorneys serve the communities of Boone County, Rockford, Belvedere, Loves Park, DeKalb, Poplar Grove, Byron, Freeport, and the surrounding area. Please contact one of the attorneys at Fisk & Monteleone at 815-962-0044 for more information.