Car accidents are not about greed, and they are not about revenge. People injured in car accidents do not file personal injury lawsuits to get rich or to get even with the party responsible for the accident. They are just trying to get enough money to pay their accident-related medical bills; they are effectively seeking reimbursement for the money they lost because of their injuries. Most of the time, the damages awards that plaintiffs receive are not enough to move them into a higher tax bracket, nor are they financially deleterious to defendants; it is only worthwhile to sue someone if the defendant can afford to pay the amount that the court orders them to pay. By this logic, if almost everyone is broke, and almost everyone is, then how do personal injury lawsuits exist at all? Part of the key to success in a personal injury case is to identify a responsible party who can afford to pay; these are much more likely to be corporations than individuals. A Houma car accident lawyer can help you choose the best strategy regarding insurance claims or lawsuits arising from your car accident.
Is the Vehicle Owner Responsible for the Accident When Someone Else is Driving?
Vicarious liability, also known as respondeat superior, is a legal doctrine that says that the owner of an item of property is legally responsible for damage caused by that item of property when someone else was operating it with the owner’s permission or on the owner’s behalf. In the context of motor vehicle accident cases, plaintiffs most often invoke this doctrine when the driver who caused the accident was driving a vehicle that belonged to his or her employer. For example, vicarious liability applies if the at-fault driver was driving a limousine that belonged to the limousine company or a caterer driving a van that belonged to the catering company.
Another instance of vicarious liability is when the owner of a private vehicle was not driving it, but a family member insured under the vehicle owner’s policy was. This scenario often applies to accidents caused by teenagers who have recently earned their driver’s licenses and are driving their parents’ cars.
What Does Vicarious Liability Have to Do With Your Car Accident Case?
Unless your injuries are catastrophic, meaning that they cause permanent disability, it is usually possible to get enough money to cover your accident-related financial losses by filing insurance claims; in other words, you do not have to go to court. You can file a claim with the party who has insured the vehicle, whether this party is an individual or a company. The insurance policy limits on corporate liability insurance are high enough to cover most accidental injuries without having to resort to lawsuits.
Contact the Law Office of Patrick H. Yancey About Car Accidents
A car accident lawyer can help you recover your accident-related financial losses after a car accident where the driver was not the owner of the vehicle. Contact the Law Office of Patrick H. Yancey in Houma, Louisiana, to set up a consultation about your case.