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Vicarious liability can raise questions in a vehicle crash that Regan Zambri Long’s award-winning Washington, DC car accident lawyers are uniquely equipped to untangle. Responsibility may extend far beyond the driver, especially when employers, vehicle owners, or supervising parties have a legal duty to control how someone uses a vehicle.
To determine vicarious liability after an auto accident in Washington, DC, a relationship between the vehicle owner and the driver and the accident’s circumstances must be established. Courts will consider factors such as whether the driver had permission to use the vehicle and if the owner exercised reasonable care in entrusting the vehicle to the driver. The specific laws and precedents of the jurisdiction where the accident occurred play an essential role in determining vicarious liability, as does the evidence presented regarding the nature of the relationship between the owner and driver and the details of the accident itself.
If you think that vicarious liability played a role in your accident, your first step is to contact the DC car accident lawyers at Regan Zambri Long for a free consultation. We’re available 24/7, and you don’t pay unless we win your case.
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The theory of vicarious liability is a legal doctrine that assigns liability for an injury to someone who did not cause the injury but has a specific relationship with the person who acted negligently. Also referred to as “imputed liability,” blame is assigned even if you didn’t cause harm to another individual.
This legal concept is most commonly seen in employee-employer relationships, where the employer can be responsible for the accident. For example, if a doctor harmed a patient in a medical malpractice claim, the hospital may be held accountable for that doctor’s actions. Although the hospital itself did not cause the patient harm because it is the doctor’s employer, it has a relationship with that doctor, and therefore, employer liability can come into play.
To prove an individual or entity is vicariously liable for the actions of another person, the following needs to be proven:
An example of how a third party can be held responsible for an injury can be seen in a truck accident. A truck driver gets into an accident while hauling a load across the country. While getting on a highway, he doesn’t look to see if any cars are coming. He hits a passing vehicle as he comes off the off-ramp to merge into traffic. The truck driver later stated that he had been on the road for 14 hours straight without resting, and at the time of the accident, he could feel himself starting to fall asleep behind the wheel.
It is later revealed that the trucking company the driver works for rewards its drivers each time they deliver a load before the deadline. Because of the trucking company’s incentive program, the employee did not follow federal guidelines for taking a break, which caused his drowsiness and the accident.
In the example above, the trucking company can be held liable for the accident even though it did not directly cause it; it contributed to it.
The relationship between the defendant and the third party does not have to be an employer-employee relationship. Here are a few other scenarios where vicarious liability can play a part in an accident:
If you get into a car accident with an at-fault driver, how is it determined whether another party is also responsible for your accident?
To prove that a third party is also liable for your car accident, you must prove that the at-fault party acted on their behalf when the accident occurred. Therefore, you will need to prove the following:
National data shows why employer responsibility often comes into play when someone is driving on the job. According to the U.S. Bureau of Labor Statistics Census of Fatal Occupational Injuries, transportation incidents were the most frequent type of fatal event, accounting for 36.8% (1,942) of all occupational fatalities in 2023. When a crash happens while someone is performing job duties, this kind of work-related risk becomes an important part of determining whether an employer shares liability for the harm caused.
If an employer is held responsible for the car accident, they could be held responsible for any medical bills or property damage caused by the accident.
Vicarious liability in car accidents can be complicated, and you’ll need an experienced Washington, DC, car accident lawyer to help you through the process. The attorneys at Regan Zambri Long could help you determine the parties at fault for your accident. We will investigate your claim, decide who should be held at responsible, and ensure you get the compensation needed to return to your life following an accident.
Over the last thirty years, we have recovered more than $1 billion in settlements and verdicts for personal injury victims, and that level of performance is one of the reasons we are consistently recognized among the Best Law Firms in America. Clients also benefit from the leadership of our three founding partners, Patrick Regan, Salvatore Zambri, and Victor Long, all of whom hold AV Preeminent ratings from Martindale Hubbell, and are board certified in Civil Trial Law and Civil Trial Advocacy by the National Board of Trial Advocacy. Fewer than 4% of attorneys nationwide hold this credential, which reflects the depth of trial experience brought to every case.
Their reputations within the legal community speak to the same standard. Patrick Regan is a Fellow of the International Academy of Trial Lawyers and the American College of Trial Lawyers, two of the most selective invitation only legal organizations in the country, and he also serves as a Fellow of the American Board of Trial Advocates. Salvatore Zambri is the National Board Representative for ABOTA’s DC chapter and has been named to the Top 10 Super Lawyers in Washington, DC. Victor Long serves as Chair of the Washington, DC Court of Appeals Client Security Trust Fund, and three of our partners have served as President of the District of Columbia Trial Lawyers Association, while another currently sits on its Board of Governors.
This combination of experience, leadership, and courtroom credibility is what gives our clients confidence as they move forward with a vicarious liability claim.
Contact us for a free consultation today.
Have you or your loved one sustained injuries in Washington DC, Maryland or Virginia? Regan Zambri Long PLLC has the best lawyers in the country to analyze your case and answer the questions you may have.