Come to find out, the 27-year-old wasn’t driving his vehicle, but a friend’s. Even though he may have been behind the wheel at the time, insurance law dictates that the name of the person on the car’s policy is ultimately the one who is at fault. This is where vicarious liability comes into play. It’s another way of saying that someone besides the motorist is the person who is financially responsible for the damages and/or injuries that resulted.
Where the vicarious liability rule starts to get somewhat murky is when state laws are taken into consideration. As noted by FindLaw, in some states, both the car’s owner as well as the person who was behind the wheel at the time of the accident can be charged with vicarious liability. This is true whether the individual was a fellow member of the family, friend or acquaintance.
All this being said, you may be wondering what the point is of differentiating between the two. There’s a number of reasons, but the main one is determining who the appropriate person is for an accident, which may ultimately dictate how a case will be prosecuted, assuming that a settlement isn’t reached. Furthermore, even after strict liability or vicarious liability has been proven, there’s still the matter of establishing that injuries resulted from the other motorist’s negligence. In short, just because someone is considered liable doesn’t necessarily mean he or she will pay for the resulting damages. Mitigating circumstances may absolve the driver or owner.
This is why consulting with a car accident attorney is a smart move if you’ve been injured. These attorneys specialize in personal injury law and can provide you with the information you need to determine what charges apply. This process may require discovery, but with a cash advance from Glofin, you’ll be able to pay for the expense. Click here to learn more.