After having a traffic accident, the last thing to cross your mind would be if the driver in the offender’s car was on the job. If the driver had been driving a company vehicle or was on the job. Then they can hold the company liable for the damages caused and not only the driver. This helps you gain more compensation for your losses. Because automobile crash repair bills, as well as hospital bills can amount to a large sum of money.
What Is Vicarious Liability?
Vicarious liability refers to a doctrine. That states that the owner of a tool that is inherently dangerous or has the potential to cause harm can be held legally responsible. For any injury caused by that tool. Even if the owner was not the one using it or present on occasion.
It also applies in the case of companies wherein employers are held responsible for any negligent actions committed by their employees. An attorney can determine what factors in vicarious liability. And bring all responsible parties into one lawsuit to achieve the best possible compensation.
The rationale behind it is that they consider any employee working using the company’s resources and during the company’s work time to be acting ‘within the scope of their employment.’ This would hold the company and the employers responsible for the negligence of their employees. Even if they themselves were not present at the time of the event.
How Does Vicarious Liability Apply To Motorcycle Accidents?
In motorcycle incidents, the motorcycle is considered a dangerous tool according to the Supreme Court. In the unfortunate event of a crash, the vehicle owners would be held financially responsible even if they weren’t the ones driving or present during the crash. This vicarious liability stems from the ownership of a vehicle in Florida.
What Are The Exceptions To This Rule?
The vicarious liability rule doesn’t apply in every condition. There is one main exception to this rule. The Graves Amendment states that a party is not subject to vicarious liability if a business relationship exists between the negligent party and the third party.
This means that they shield rental companies that have leased out the motorcycles from this law. And they will not hold them responsible in case of an accident. This is unless they were directly involved or had something to do with it. Plus, it also protects rental car companies from vicarious liability in Florida as the federal Graves Law supersedes the State Law.
However, suppose they find the employee to be acting within the scope of their employment, then under the Florida Law. In that case, they can hold the employer responsible legally for all the damages caused.
What Are The Leading Causes Of Motorcycle Accidents In Florida?
Motorcycle accidents are one of the scariest road traffic accidents and suffer the most damage to vehicles and life as the driver is completely unprotected. The sheer size difference between the motorcycle and car or truck is a threat. Here are some of the causes of motorcycle accidents:
- Driving under the influence of drugs and alcohol
- Driving while texting
- Tailgating or driving too close behind another vehicle
- Not following traffic lights and rules
- Driving in a rage
- Driving recklessly
- Medical conditions such as epilepsy or heart disease causing the person to lose consciousness for even a millisecond can cause an accident.
All of the above practices are extremely dangerous and strongly discouraged as they can be life-threatening for the driver and other innocent lives on the road. Following road safety guidelines can save you from losing a lot of money in damages and help protect innocent lives.
Who Is At Fault In A Motorcycle Accident?
Depending on the situation, there could be more than one party who might share the blame in a motorcycle accident:
The driver: Both drivers involved in the collision have the obligation to drive with caution and follow traffic laws. They must especially be careful of motorcyclists on the road. As they are at a disadvantage due to the size of the vehicle and being more vulnerable.
Traffic governance laws: The government must ensure safe road safety, such as filling potholes, repairing traffic lights that don’t work, and clearing road debris. All of these can result in major car accidents.
The manufacturing company of the motorcycle: If the cause of the accident was due to malfunctioning of the vehicle, such as faulty brakes or accelerators that are defective or leaks in the fluid compartments. Then they can hold the manufacturing company responsible.
An employer: If a delivery truck caused the accident, they can hold the trucking company responsible for compensating for the damages caused.
Some Tips for Motorcycle Riders
- Always drive with your lights brightly lit
- Wear reflective clothing or bright-colored clothing so that you don’t go unnoticed on the road, especially at night
- Do not attempt to tailgate, make sharp turns, or switch lanes abruptly. Drive cautiously and weave slightly in your lane.
Motorcycle accidents in Florida can inflict serious injuries and significant damage to vehicles. If you have been in a motorcycle accident or own a motorcycle, it is worth knowing the legalities involved in the tragic event of a crash. It’s always better to prepare yourself and have all the information. So you have a point of reference, to begin with. Spirit One will guide you to the easiest, most up-to-date legal news, information, and tips regarding family law, auto accidents, tax laws, and immigration laws.
Legalities required to settle important issues must not be over complicated. And should allow all readers to easily understand. It is better to be aware beforehand than to be bombarded by too much information in case of an accident. Make Spirit One your legal resource guide, and visit the website for any kind of information that you are seeking.