Any time that you or someone you love has been injured in a car crash or other traffic accident caused by another person, Texas law gives you the right to make a claim for compensation to recover your associated medical costs, loss of income, pain and suffering. In most situations, making a personal injury claim is a relatively straight-forward process in that you would pursue damages against the negligent driver’s insurance policy. (I use the word “relatively” because insurance companies are notorious for refusing to pay the full and fair damages bodily injuries are entitled to, often necessitating the involvement of a board certified personal injury lawyer).
However, there are some situations where other insurance policies may come into play. One of the most common examples is it the at-fault motorist responsible for the wreck was working while the accident occurred. The obvious scenario is a commercial vehicle (CDL) driver who drives 18-wheeler trucks for a living. But the same concept applies with other such vehicles, like FedEx or other courier trucks, charter buses and maintenance or utility vans. It may even apply in a situation where the negligent driver was a teenager delivering pizza for a local restaurant.
Vicarious LiabilityIf the individual responsible for your collision was working when they caused your wreck, then their employer might be considered vicariously liable. If an employer or businesses makes their employees drive as part of their job function, then they still have a responsibility to ensure they are not at fault for endangering the public’s safety, similar to how a store must ensure their premises are safe for customers. The employer has a duty to oversee their staff’s actions, so if one of their employee’s negligence causes injury to someone else while the employee is performing their duties, then it would be the employer who is vicariously liable.
Depending on the specific circumstances surround your accident, it might well be that you are entitled to make a claim against the business who either owned the vehicle involved in the crash or who the negligent driver worked for. This is often beneficial to the accident victim as it typically means there will be higher insurance limits available, which means you are more likely to recover the full and fair compensation you deserve. Unfortunately, such claims are often more complex to navigate, making the need for an experienced personal injury or wrongful death attorney all the more significant.
To speak to a board certified lawyer today, please call the Anderson Law Firm toll free at 800-354-6275 or locally in Fort Worth at 817-294-1900. We offer completely free consultations and there is absolutely no obligation to hire us. However, it is very important that you seek legal advice as soon as possible following your accident to make sure that you are fully aware of your rights and responsibilities to make sure that you don’t do anything which could potential damage your claim. Don’t delay – call us today.
Other Articles You Might Be Interested In:
Vicarious Liability Explained
Truck and Bus Accidents
Money Matters: Long-Term Financial Debt as a Result of Being Injured in an Accident
Making a Claim Doesn’t Mean You’re Suing Someone
Don't Let The Insurance Adjustor Bully You