How Various Liabilities Affect Accident Compensation

A tortfeasor is an entity (individual, business, or organization) who is liable for civil wrongdoing. In the context of an accident case, the tortfeasor is the actual entity that caused your injury. Most accident cases involve liability against the tortfeasor, which means the person who caused the accident is the one to compensate the victim.

Consider an example where a distracted driver crashes into your car. The driver has to compensate for your damages – most likely from their insurance coverage. As such, you might be out of luck if the driver doesn't have auto insurance.

Vicarious liability is a legal principle that holds one party liable for the actions of another party. Vicarious liability typically applies if one party is responsible for or has control over a second party. Below are two common forms of vicarious liability.

Parental liability makes parents liable for the actions of their children. For example, if a minor driver crashes into your car, the minor's parents have to compensate for your damages if parental liability laws apply.

If a child causes an accident, parental liability may apply if:

• The child is a minor
• The parent could but did not prevent the child's acts
• The child caused the accident in a family car

Most victims of accidents that minors cause wouldn't get compensation without parental liability laws. Most minors don't have insurance coverage or resources they can use to compensate accident victims.

Respondeat superior applies in an employee-employer relationship. The legal theory makes an employer liable for the negligent actions of their employer. Respondeat superior applies if:

• The employee was on the clock
• The employee caused the accident in the course of their normal duties
• The employee's actions benefited the employer in some way

For example, if an employee causes an accident while on an errand for their boss, the boss might be liable for the accident.

Respondeat superior can help you get full compensation because, in most cases, employers have more financial resources than their employees. For example, a trucking company is likely to have more insurance coverage and money than a truck driver. In case a truck causes you significant damages, respondeat superior allows you to collect full damages from the trucking company.

Joint liability applies if two or more parties are liable for your accident. The theory of joint liability allows you to claim damages from multiple parties, which increases your chances of full compensation. For example, in a pileup accident, you may be able to claim damages from multiple drivers.

Defendants in auto accident cases should only pay for the damages their actions caused. No one who contributes to an accident should expect full compensation from the other party. In fact, you might not get any compensation if your contribution to the accident exceeds the other party's contribution.

For example, you can cause an accident if you tailgate a drunk driver, and they brake without warning. In such a case, the court will evaluate your respective contribution to the crash. You only get compensation if your contribution to the crash was less than the drunk driver's contribution.

As you can see, you can maximize your compensation if you use appropriate legal theories for your case. Otherwise, you might file your case against the wrong defendant. The legal team at Borbi, Clancy & Patrizi has the resources and experience to help you pursue full damages. Contact us today so that we can evaluate your case and advise you on the best way forward.