Buffalo Personal Injury Lawyer NewsWhat Is Vicarious Liability?
The legal doctrine of vicarious liability is a form of secondary liability, meaning that one party can be held accountable for the acts of another. Vicarious liability commonly arises out of the legal responsibility employers have for the actions of their employees. In other words, when an employee’s negligence or irresponsibility during the scope of their employment causes an injury, their employer may also be held liable. Throughout history, various legal terms, such as respondeat superior, principal and agent, and master and servant, have all been used to place vicarious liability on third parties that retained the right to control the person at-fault for an accident. Since employers carry comprehensive insurance policies and sufficient financial resources, establishing vicarious liability can help victims obtain total compensation for their injuries.
Personal Injury Cases That May Involve Vicarious Liability
A fundamental element that separates this legal doctrine from other forms of liability is the lack of necessary direct participation. For vicarious liability to arise, the third party is not required to be present during the accident. Instead, liability is based on the negligent actions of an employee. The most common types of personal injury lawsuits where vicarious liability may be applied include:
Car accidents are one of the country’s leading causes of neck injuries. Over 800,000 crashes involving neck injuries are reported throughout the United States each year. Despite being a highly vulnerable part of the body, the neck has minimal protection during a car accident. While wearing a seatbelt can help keep your body in place, your neck and head are left unrestrained. In the event of a car crash, a victim’s neck can quickly jolt back and forth, be violently jerked from one side to another, or even be struck by flying debris. Abrupt, sharp movements are known for causing severe injuries to the cervical spine’s tendons, ligaments, nerves, muscles, and joints. 
Some insurance companies are all about their bottom lines and will do everything possible to avoid paying legitimate claims. A bad faith insurance claim refers to an insurer trying to default on an obligation to a client. When policyholders file claims and insurance companies give them the rightfully deserved payment, that money is deducted from the insurer’s potential profits. Some insurance companies resort to various tricks and tactics to make claimants’ lives difficult to avoid lower profit margins. 
Accidents are an unfortunate part of life. Since very few people ever plan on getting injured in an accident, most victims are not adequately prepared for the repercussions. Even relatively minor accidents can result in severe injuries, future health complications, emotional strain, and financial hardships. Pursuing a personal injury claim may be the only way to make yourself whole again. However, pursuing your case alone could be an extremely complicated and intimidating task.
In any given year, tens of millions of accidents, such as car crashes and slip and falls, occur throughout the country. Many accident victims are accompanied by devastating consequences, ranging from severe bodily harm and psychological trauma to costly property damage and medical expenses. Those who have suffered injuries caused by another’s carelessness often find themselves under demanding physical, emotional, and financial circumstances. Fortunately, victims can seek representation from legal professionals called personal injury attorneys. This type of lawyer specializes in pursuing civil litigation for damages resulting from negligence and recklessness. While personal injury claims often vary significantly from case to case and victim to victim, retaining an attorney will provide you with the best chance of maximizing your compensation.
According to the National Highway Traffic Safety Administration (NHTSA), roughly 6 million car crashes happen throughout the United States every year. Car accident victims often wonder whether or not physical therapy is necessary. Depending on the nature of your injuries, doctors may recommend some rehabilitation. People usually do not realize the gravity of their accident-related injuries until after resuming their everyday daily routines. Physical therapy has helped countless accident victims bounce back from their injuries much faster than those who have chosen to stay in bed. 
Approximately 18 million adults throughout the country suffer from obstructive sleep apnea. Which, when left untreated, can lead to acute health complications, such as diabetes, high blood pressure, cardiomyopathy, heart failure, and stroke. Many sleep apnea sufferers rely on airway pressure machines to prevent upper airway tissues from collapsing and increase their oxygen levels. However, in June 2021, Philips Respironics, a chief manufacturer of sleep apnea treatment devices, issued a voluntary recall of as many as 4 million devices due to hazardous components. The company’s recalled breathing machines contain a polyester-based polyurethane (PE-PUR) foam known for degrading into tiny black particles and placing users in unnecessary danger of inhaling toxic gases or ingesting carcinogens. Consequently, users scrambled to secure alternative sleep apnea machines, which abruptly went into short supply. Since then, numerous lawsuits have been filed alleging that Phillips was aware of the above hazards for years but postponed recalling the devices until they could manufacture safer ones. 
Whether an X-Ray displays a barely recognizable hairline crack or the bone has been split into several pieces, it is considered a fracture. Despite what most people believe, a fractured bone is the same as a broken bone and vice versa. However, doctors are more likely to use the term “fracture” because it sounds more professional. During any devastating accident, such as a car crash, your body may be placed under extreme trauma, which can lead to severe injuries. Suffering any fractured bone following an accident can be extremely painful and debilitating. 
Unfortunately, even after an accident victim’s initial pain subsides, they could be left with permanent scarring and other disfigurements. Most scarring is caused by damage to the skin, such as scratches, abrasions, and puncture wounds. Depending upon the severity and location of the scar, it can significantly impact a victim’s ability to work and even perform routine tasks. Besides being a constant reminder of the traumatic injury, even the slightest alterations in a victim’s appearance can bring about overwhelming depression and emotional pain. Victims with scars in prominent places, such as the head, face, neck, or hands often struggle with terrible self-esteem and anxiety. 
Most of us know the frustration of maintaining a busy schedule and rushing to avoid being late for several commitments. However, it is crucial to keep in mind that speed limits are set in place to protect everyone on the road. Driving too fast not only endangers the life of you and your loved ones, but all others in the vicinity, including occupants of other vehicles, cyclists, and pedestrians. According to the National Highway Traffic Safety Administration (NHTSA), speeding has played a significant factor in roughly 33 percent of all fatal crashes for the past two decades. In 2019 alone, speeding took the lives of 9,478 victims. In some cases, your safety can be impacted by adhering to the speed limit. This occurs when the posted speed limit is too fast for the given road or conditions, such as during inclement weather, driving after dark, or driving on dilapidated roads.