Examples of Vicarious Liability in a Personal Injury Claim

In simplest terms, vicarious liability is when one party is held legally accountable for another party’s negligent or unlawful actions.

Although the first party is legally responsible, the law holds the secondary party accountable as well. Vicarious liability, also referred to as principle’s liability or imputed negligence, comes to play in situations where a person or corporation is supposed to be responsible for another person or thing but acts negligently instead.

Continue reading for more examples of this type of legal liability, plus who to contact in Indiana for skilled car accident or personal injury representation that will protect your rights to being fully compensated.

Vicarious Liability Lawyers Indianapolis Indiana 317-881-2700
Vicarious Liability Lawyers Indianapolis Indiana 317-881-2700

Vicarious Liability  

To best understand how vicarious obligation works, it is good to review some generic cases in which it would come into play. For example, if an employer retains a staff of employees that act negligently while working for the company (i.e. sexual harassment, discrimination, driving a company vehicle, etc.), the employer can be held accountable for the resulting damages in a court of law.

Victims of this negligent behavior can file a lawsuit to pursue compensation for pain, suffering, and more from the employer, as well as the individual guilty employees. Employers in this situation are considered responsible because they have the duty to prevent and be aware of negligence in the workplace. By law, they should have stopped or prevented harmful behavior on the job.  In addition, employers are generally liable under law for any negligent acts performed by their employees anywhere while they are in the course and scope of their employment.

Car Accident Vicarious Liability and Negligent Entrustment

Driving another person’s car can also involve vicarious liability. A child that drives and wrecks their parent’s vehicle, causing serious injury or death to another driver, may put their parents in legal tribulation. Parents, or guardians, have the responsibility to properly instruct their adolescent how to drive safely, and only loan their vehicle during appropriate times. So, if a parent entrusts their minor to drive their vehicle, and an accident occurs, the parent (or person) who signed the minor’s driving application, is held responsible for the damages. In such cases, the insurance carrier for the parents would also be involved.

The law deems a parent or guardian, also known as an entruster, negligent if they allow their teen to drive a vehicle in their name knowing that their child is reckless, untrustworthy, inadequate at driving, or unlicensed. If a child falls under any of these descriptions, and subsequently causes a serious accident, the guardians or guardians can be held accountable for the damages under the principle of negligent entrustment.

Are you looking for skilled personal injury law firm to represent you in your negligence case in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with our personal injury attorneys in Indianapolis, Indiana. We also represent injured victims all across the state.

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Can I Be Sued for Someone Else’s Reckless Driving?

If you let someone else drive your car, whether it be your teenager, your boyfriend, or your best friend, there is a change you could be held liable in the case that their negligent or careless driving causes someone else harm. Continue below to learn more about this type of liability, and what you can do if you were injured as a result of another’s driving negligence.

Indianapolis IN Auto Accident Attorneys 317-881-2700
Indianapolis IN Auto Accident Attorneys 317-881-2700

Vicarious Liability and Car Accidents

When it comes to liability and personal injury compensation, the primary element of every case is to determine who is at fault for the car accident. In doing so, it is possible for more than one person to be responsible, such as the case of letting someone else drive your legally-owned and registered vehicle. Even if you are not in the car nor at the scene of the accident, you could be held legally responsible for all damages incurred by the car accident victims if someone wrecks your car while driving it with your permission.

The relationship between you and the driver must be a certain type, however, in order for you to be liable as the vehicle owner. Such relationships include parent and child, employer and employee, and similar types of connections. This is known as vicarious liability, which is also referred to as imputed negligence. There is another area of law that applies in the case of loaning your vehicle to someone who you know is incompetent, called negligent entrustment.

For example, let’s say you loan your car to your best friend because hers is in the shop for the week. She goes on to drive your car intoxicated and causes a serious car accident, injuring other drivers and their passengers. Because you are the car owner, and you allowed them to operate your vehicle, it could be you that winds up a defendant in court, and accused of being liable for all damages and losses of the victims.

Parents and Teens

There are few relevant laws for parents who let their teenagers drive their vehicles. Negligent entrustment is a legal theory and applied law that holds parents or guardians responsible for all damages caused by their child’s negligent driving. This is often used in cases in which teens are unlicensed or inexperienced. Then, there is the Family Purpose Doctrine, which holds you, the car owner, liable for any damages caused to other drivers if a family member drives your car. This liability applies whether you give your relative permission or not.

Employers and Staff

In the case of driving a company car, the employer is legally responsible for their employee’s driving while they are performing work-related duties. If the employee drives negligently and causes a car accident, the employer will be the one who is liable for all damages incurred by the car accident victims, including property and personal injury damages.

Negligent Entrustment

If you were to loan your vehicle to someone who you know is irresponsible, negligent, reckless, unlicensed, intoxicated, a substance abuser, too elderly, ill, or otherwise unfit to drive a car, you would be legally responsible for any damages they cause while driving your car under negligent entrustment laws. This applies to both family members and non-relatives.

Are you an Indiana car accident survivor looking to be compensated for your damages and suffering? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with an experienced Indianapolis car accident lawyer. We represent clients throughout the State of Indiana.

You Should Also Read:

What to Do if You are in a Company Car Accident
Facts About Vicarious Liability Lawsuits
Can I Sue Lyft or Uber for Getting into a Car Accident?

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Facts About Secondary Liability and Indirect Infringement

If you have recently become involved in a personal injury lawsuit, one of the most fundamental aspects of your case will be the question of liability. Although it can be quite simple establishing liability in a straightforward accident claim, such as a drunk driver crossing onto a sidewalk and hitting a pedestrian, there are some claims that involve different kinds of liability, like vicarious and contributory liability. This can make it more of a challenge identifying who is at fault for an accident. As an accident victim, you might not realize who might be liable for your damages.

Continue reading to learn more about vicarious and contributory liabilities, and how to get started on your Indiana accident claim.

Indiana Personal Injury Lawyers
Indiana Personal Injury Lawyers 317-881-2700

Secondary Liability is the Same as Indirect Infringement

Secondary liability is also referred to as indirect infringement. It is best defined as a legal obligation, forcing an individual to assume responsibility for another person’s act or behavior. Examples of secondary liabilities include principle liability, employers’ liability, and parental liability. There are several other types as well, such as ecclesiastical corporation liability, enterprise liability, and more, but these cases are generally infrequent and more complex. The more common types of secondary liability are contributory liability and vicarious liability. These are the primary cases of secondary liability seen in civil courts today. No matter which type of secondary liability case in question, the underlying factor for each is indirect infringement.

Vicarious Liability Law Basics

You will find vicarious liability within the respondeat superior doctrine, under common law. It decrees the legal responsibilities of any person in a superior role, such as leaders, executives, managers, supervisors, bosses, directors, whole corporations, companies, and more. It makes clear that they are legally responsible for the actions of their teams or employees. An example of a vicarious liability lawsuit would be if a parent or guardian fails to properly supervise their child, allowing the child to access the home’s handgun and accidentally shooting and injuring another person. The parents could be held legally accountable for their child’s actions, as well as the victim’s damages, under negligent supervision laws. In such a case, the parents home owner’ liability insurance company could contractually be obligated to pay any verdict against the parents, up to the insurance policy limits.

Contributory Liability

Contributory liability holds a third party legally responsible for another’s actions, even though they were not actually committing an infringement directly. If a person has knowledge of, benefits from, enables, contributes, or influences another person’s transgression, they too can possibly be held legally responsible under contributory liability. An example of contributory infringement would be if someone loans another person a gun, and that person uses the gun to commit a crime, the loaner of the gun might be held legally responsible for the infringements involving the gun under contributory liability, depending upon the specific facts of the case. 

Where to Get Legal Advice for Your Indiana Personal Injury Claim

Call the Law Office of Craven, Hoover, and Blazek P. C. at 317-881-2700 to secure your rights to full and fair compensation after suffering damages as a result of a personal injury accident in Indianapolis, Indiana. Seasoned accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek have extensive trial and litigation experience in personal injury law, and can obtain the maximum settlement for your claim. It is important to act fast after being injured in an accident, because the sooner you act, the more likely you are to win your claim and recover compensation for your damages as critical evidence will need to be obtained. Schedule a free initial consultation, over the phone, online, or in person at our Indianapolis personal injury office.

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Am I Liable for a Car Accident if Someone Else was Driving My Vehicle

It’s important to know whether or not you are covered under your automotive insurance policy if another person wrecks your car while driving. However; what about liability? Can you be sued if someone else was driving your vehicle and caused and accident that resulted in another person’s injury or death? Knowing the difference between liability and accountability in a driver-vehicle owner accident case can protect you from making a mistake down the road. Let’s take a closer look at this subject and discuss the various aspects of driver-car owner liability and the law.

Car Accident Lawyer 317-881-2700

Car Accident Lawyer 317-881-2700

Motor Vehicle Accident Liability

Sadly, there are thousands of motor vehicle accidents on the road every day. At the scenes of these car collisions, the principle intention of law enforcement and insurers is to determine who is at fault. In order to configure liability and compensation, everyone is eager to know who caused the accident and which party is ultimately responsible for the damages. In most cases, the person who acted negligently, and whose reckless driving caused them to wreck, veer, or collide with other vehicles, is the accountable and liable party. This is standard procedure and general knowledge in regards to car accidents and collisions, including pedestrian and motor vehicle accidents. If you are driving and cause an accident, it is lawful for you to be held accountable for the damages to all involved vehicles and parties.

But What If YOU Weren’t Driving Your Car?

What if you lent your vehicle to a friend or relative and THEY caused a serious accident on the road? Who is liable for the accident? You as the car owner? Or your friend that was driving?

These are a lot of questions, but that’s the reality when it comes to driver-vehicle owner liability. There are many laws and obligations drivers and car owners are unaware of, which can cost them down the road if they never ask these important questions. It is a fact that you CAN be held liable under certain circumstances in the case that someone else is driving your vehicle and wrecks it, even if you are not in the car at all and they are legally licensed to drive.

Vicarious Liability

This idea is supported under the Vicarious Liability law; a secondary liability doctrine explaining that an owner of a vehicle that has chosen to loan their vehicle to another person, who then commits negligence, is vicariously liable for the damages. This can also be referred to as principle’s liability or imputed negligence. The owner of a vehicle is the chief principle, while anyone who drives it for them is their “agent”, making them the “principle” party and responsible for all damages caused by any person driving their vehicle. Learn more about this topic in our article, “What is Vicarious Liability?

If a parent entrusts their minor to driver their vehicle, and an accident occurs, the parent or person who signed the minor’s driving application, is held responsible for the damages. The term “negligent entrustment” refers to a situation in which a parent or guardian allows their minor to drive their vehicle, even though they have full knowledge that the minor is reckless, inexperienced, or unlicensed to drive.

The Family Purpose Doctrine holds the owner of the vehicle, usually the parent or guardian, accountable for any damages caused by another driving their vehicle, with or without permission. This doctrine varies state to state, but uses the underlying principle of vicarious liability. The same principles applies to employer-employee relationships and scenarios. It is important to know where you are protected when it comes to liability and the law. When a person is held liable, an opposing party can sue them for compensation, for an accident they didn’t even cause.

Indianapolis Car Accident Lawyers

It can certainly be difficult comprehending the law and all areas of law can be confusing. This is why it is highly recommended to contact an Indianapolis Car Accident Lawyer for answers to your legal questions. A licensed personal injury lawyer is the professional that can clearly define and explain vicarious liability, motor vehicle accidents and liability, compensation for damages, and more.

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm
317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a licensed car accident lawyer in Indianapolis, Indiana. We never collect attorney fees unless we obtain compensation for you, and we also offer free initial consultations. Get started on your physical, emotional, and financial recovery today!

Important Facts About Dram Shop Laws

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Virtually all states in our country have Dram Shop laws in place that impose legal liability onto owners of bars, restaurants, liquor stores, and any other establishments that sell alcoholic beverages and products to intoxicated customers. These laws are set to protect individuals from harming themselves or others as a result of over-indulging in alcohol. For instance, it is possible for a victim of a drunk driving accident to sue the establishment that sold the drunk driver the alcohol if the driver was already intoxicated at the time of the sell.

In the past, courts did not hold bar and liquor store owners responsible for anything their customers do after leaving their place of business. But that is no longer the case in most parts of the country. Dram shop laws are quite common these days, but also still controversial since many people are concerned that someone could be unfairly accountable for another person’s actions. Regardless of controversy, Dram Shop laws are meant to ensure that everyone takes responsibility for their own actions. This includes the obligation of owners to sell their alcohol responsibly in order to reduce the potential risks of deadly outcomes and consequences that result from drinking too much.

Dram Shop Law Facts

There are a few misconceptions about Dram Shop laws. Let’s clear those up right now. Continue reading to learn the truth about these lawsuits, and who to trust for responsible legal representation if you are a victim of a drunk driving accident or alcohol-related accident.

❶ Dram Shop lawsuits are civil, not criminal.

While most people wrongly assume that a Dram Shop lawsuit is a criminal matter, it is in fact a civil matter and falls under tort law. Those found liable will not face jail time, but may be forced to pay restitution for a victim’s losses and damages.

❷ Minors can sue for self-intoxication accidents.

In some states, if a bar or liquor store owner sells alcohol to a minor, and that minor causes an accident that results in injuries to themselves or others, they may be able to sue the store owner for their damages since it is against the law to serve minors alcohol.

❸ Adults may be able to sue for self-intoxication accidents.

In a few states, adults who injure themselves or others after being sold alcohol when they were already intoxicated can sometimes sue bar or liquor store owners. This is called first party dram shop law, and they are hard cases to prove. Not only are they very rare, they are even banned in most states.

❹ The basis of most dram shop lawsuits is recklessness.

Many people would assume that Dram Shop laws are based on negligence since they are civil tort lawsuits. However, the basis of most Dram Shop law cases is recklessness. That is because it is reckless to sell an intoxicated individual alcohol, not negligent, since negligence implies there was no intention. It is easy to spot the signs of intoxication, and an alcohol-serving establishment has a duty of care to know these signs and look for them at all times.

Indianapolis Accident Attorneys to Trust

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm
317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for alcohol-related personal injury claims in Indianapolis, Indiana. Our seasoned accident attorneys offer free initial consultations to review your claim, and never collect lawyer fees unless we recover a settlement for you. Call 317-881-2700 to speak with an Indianapolis personal injury lawyer you can trust.

Are You Responsible if Another Person Drives Your Car and Causes an Accident?

Car Accident Lawyers 317-881-2700

Car Accident Lawyers 317-881-2700

The primary dispute after a car collision is determining who was at fault, namely, who is liable for the damages and losses suffered by those involved in the accident. In most cases, the person who was reckless or negligent is the at-fault party, however, cases can be more complicated than that. Sometimes, a manufacturer defect in a vehicle, stoplight, or some other commodity can be to blame. But regardless, there is always someone, either person or entity, blameworthiness.

If it is not an entity or company of some sort, it is usually pegged on the negligent driver. But what if someone else was driving your car? Would you be responsible for any damages they inflict on another if they were to be involved in a car accident? Continue reading to learn the various scenarios of liability.

Vicarious Liability

Accident Attorneys 317-881-2700

Car Accident Attorneys 317-881-2700

In the case that another person drives your vehicle and causes an accident, you could be held responsible for the financial damages and losses incurred to the victims involved. You could be sued for negligence even if you weren’t in the vehicle at all. To better understand this duty of care, you must understand vicarious liability.

Vicarious liability is a form of imputed negligence that results when two parties have a relationship, such as parent-child, employer-employee, teacher-student, and so forth. In such relationships, one person’s actions can actually be another person’s legal responsibility. In the case that you loan your vehicle to someone within such a relationship, you could face consequences for their actions under Vicarious Liability Law.

Kids Driving Parents Car

If you are a parent that allows your child to drive your vehicle, keep in mind that you are the perfect candidate for vicarious liability. In many states, there is a law called “Negligent Entrustment”, in which the “entrusters” (the parents) entrusts their minor to operate their vehicle knowing they are in some way incompetent (i.e. unlicensed, underage, reckless, inexperienced, etc.). There is another law called the Family Purpose Doctrine, which holds the parents liable for any damages caused to another as a result of their child driving their vehicle, regardless if they were given permission or not. However, these law vary from state to state.

Negligent entrustment law also applies to other people outside of family. If you knowingly allow another person to operate your vehicle who is incompetent or unfit in some way, you will be responsible for any accidents they cause.

Employees and Employers

Under vicarious liability law, employers are liable for any negligent driving the takes place by an employee while performing work-related duties. For instance, if a pizza delivery driver is delivering a pizza on the clock, but runs a red light and collides into a van full of people, the employer is responsible for all damages and losses sustained by the victims of the accident.

When it comes to car accidents, liability, and compensation, it is important to discuss these concerns with an experienced personal injury attorney. They can help you determine what rights you have to compensation after being negligently injured in an accident that was no fault of your own.

Indianapolis Car Accident Attorneys

Personal Injury Law Firm Indiana

Personal Injury Law Firm 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with one of our seasoned Indianapolis car accident attorneys, today. Personal injury litigators, Daniel Craven, Ralph Hoover, and Keith Blazek, are ready to help you recover the full and fair compensation you deserve. Call 317-881-2700 to request an appointment to discuss your car accident injury claim in Indianapolis, Indiana.

Types of Secondary Liability

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Secondary liability is also referred to as indirect infringement. It is best defined as a legal obligation, forcing an individual to assume responsibility for another person’s act or behavior. Examples of secondary liabilities include principle liability, employers’ liability and parental liability. There are several other types as well, such as ecclesiastical corporation liability, enterprise liability, and much more; but these cases are generally infrequent and more complex.

The more common types of secondary liability are contributory liability and vicarious liability. These are the primary cases of secondary liability seen in courts today. No matter which type of secondary liability case in question, the underlying factor for each is indirect infringement. Continue reading to learn more about vicarious and contributory liabilities, and where to find professional legal counsel you can trust.

Vicarious Liability

You will find vicarious liability under respondeat superior doctrine, under common law. It decrees the legal responsibilities of any person in a superior role, such as leaders, executives, managers, supervisors, bosses, directors, whole corporations, companies, and more. It makes clear that they are legally responsible for the actions of their teams or employees. An example of a vicarious liability case would be if a parent or guardian fails to properly supervise their child, allowing the child to access the home’s handgun and accidentally shooting and injuring another person. The parents would be held legally accountable for their child’s actions, as well as, the victim’s damages.

Contributory Liability

Contributory liability holds a third party legally responsible for anothers actions, even though they were not actually committing an infringement directly. If a person has knowledge of, benefits from, enables, contributes, or influences another person’s transgression, they too can be held legally responsible under contributory liability. An example of contributory infringement would be if someone loans another person a gun, and that person uses the gun to commit a crime, the loaner of the gun can be held legally responsible for the infringements involving the gun under contributory liability.

Craven, Hoover, and Blazek P.C.

Personal Injury Attorney Indianapolis

Personal Injury Attorneys 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn your rights following a personal injury in Indianapolis, Indiana. Daniel Craven, and his partners, are licensed and experience accident attorneys that are eager to help victims and their families recover the full and fair compensation deserved. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Call 317-881-2700 for personal injury claims in Indianapolis, IN today.