While pursuing a claim for financial compensation for injuries caused by a negligent driver can pose many challenges, these obstacles multiply when the at-fault driver does not own the vehicle. Although these additional complications can be overcome, the guidance of an experienced New York City Car Accident Lawyer can help navigate issues, such as who to sue and what types of legal claims to pursue. Accidents caused by non-owners can take many forms depending on the relationship between the owner and the negligent driver. We have provided a few examples of these types of these accident claims, but the best option is to contact an accident injury lawyer for more specific information.
Employer-Employee: Many car accidents occur when employees are engaged in work-related tasks. Under certain circumstances, the negligence of an employee can be imputed to an employer under the legal theory of “respondeat superior”. Although the application of this legal principle constitutes a powerful tool where applicable, liability in such cases often turns on complex legal issues such as whether the accident occurred in the “course and scope” of the worker’s employment. The tests for applicability of this standard involve a fact-intensive legal analysis which makes skilled legal representation essential. These legal complexities become even more challenging if the employer claims the worker was an independent contractor rather than an employee.
Parent-Child: Parents can be liable for damages when their minor child’s negligent driving causes a car accident that results in injury to another person. Depending on the state laws where the accident occurred, the responsibility of the accident caused by a driver under the age of 18 could fall onto the minor’s parents. Even if this parental responsibility statute does not apply, several other legal theories might be employed to impose liability on the parent. For example, the parent could be determined to be negligent because he or she knew that their child was an unsafe driver based on a past driving history that included speeding tickets and/or accidents.
Ownership: An owner of a vehicle who loans their car to a friend or family member can be liable for property damage and physical injury if the negligence of the person who borrowed the car caused the collision.
These examples demonstrate the varying legal basis for imposing liability on an owner of a vehicle when someone else negligently operates the car and causes an accident. Understanding the basis for imposing liability on the owner of a vehicle becomes even more important when the driver lacks adequate insurance coverage. If you or a loved one has been injured in an auto accident, an experienced New York Accident Injury Attorney from Parker Waichman LLP can answer your questions and discuss your legal rights.
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Did you or a loved one sustain injury due to an accident? Parker Waichman LLP helps those who have suffered accident injuries receive full monetary compensation. Trust your case with our accident injury lawsuit lawyers. For a free consultation, contact our law firm today by using our live chat or calling 1-800-YOUR-LAWYER (1-800-968-7529).
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