Anyone who is injured in an accident will realize that some negligent party could be financially liable for the injuries, but few realize that there could also be other parties who are also liable. While many accidents are the sole fault of one individual, certain accidents could also involve negligence on the part of others. This is often referred to as third-party responsibility, but it is also known in the legal industry as “vicarious” liability. This situation can arise in many accident scenarios, and the potential for additional claims means an injured victim could possibly be in line for whole financial recovery when all negligent parties are pursued for their contribution to causing the injuries. Having an experienced personal injury attorney in Mesa means all avenues of possible financial recovery can be investigated and claims filed in accordance with the material case facts.
Some of the most common cases of vicarious liability involve truck accidents. Many times the shipping company can be held liable for failure to maintain vehicles or directly instructing truck drivers to act in a negligent manner while driving. Truck drivers are not always at fault in a collision, even though they can do extensive damage, but the employer or even the company contracting the shipment could be liable, such as when improperly loading the truck at the point of origin.
Standard Auto Accidents
All drivers in any auto accident are assessed for comparative fault, and there could be an assigned percentage to each driver if a case goes to court. Settlements made prior to any hearing are usually made according to obvious conditions of negligence, but insurance companies will often want an official ruling from the court system. Road conditions could even be an issue in a vicarious liability claim, which can complicate a case considerably when legal counsel for each involved party attempts deflecting blame.
Defective products are also often the cause of certain types of injuries, even when the contribution is indirect. Malfunctioning automotive parts are common causes of defective product liability claims, but these claims can also include other types of personal injury such as medical problems resulting from consumption of contaminated foods or a malfunctioning product that does not perform as indicated by a manufacturer.
Medical malpractice claims are not always directly attributed to negligence of doctors. In fact, doctors are considered expert witnesses in many injury cases, and they are generally not negligent when they follow reasonable care standards. However, a facility that fails in their responsibility for a duty of care or exhibits a breakdown in communications among staff could well be at least partially liable in a medical malpractice situation.
Never assume there is only one negligent party who can be pursued for damages following an accident. Always call a legal professional like the personal injury attorneys at Tobler Law for a case evaluation.