If you've suffered serious injuries or lost a loved one, an Atlanta injury lawyer can help answer your questions on how to win your personal injury claim in a Georgia personal injury court!
At S. Burke Law we are here to help give answers to these important questions. Our Frequently Asked Question database covers the common questions you may have regarding what to do after a serious accident, how to file a claim in personal injury court, and tips on how to win your personal injury claim. When researching information on the legal process following a serious accident you want legitimate advice from a source you can trust.
When you’ve suffered serious losses and damages from an accident due to the negligence of another you aren’t alone. An Atlanta injury lawyer from our office is always available to answer additional questions not addressed on our page. Contact us for a FREE consultation and get the answers you need to seek compensation for your losses!
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What is Vicarious Liability?
Vicarious liability is a component of law which holds a third party responsible for the negligent actions of another related party. Vicarious liability commonly relates to accidents involving employees who behave negligently within the scope of their duties.
This type of vicarious liability is known as respondeat superior, which specifies that employers are vicariously responsible for accidents and injuries involving their employees even when they have no direct link to the event.
Examples of Vicarious Liability in a Truck Accident
One way vicarious liability can come into play is when filing a claim or lawsuit against a trucking company. In most cases, you can hold both the truck carrier and the driver liable for any injuries the driver causes. There may be various reasons to hold the employer responsible for the truck accident.
These two examples can better explain vicarious liability:
- Example 1: A driver wants to finish his deliveries early, so he speeds through traffic. He rear-ends a driver. You would assume that the driver would be your only liable party as he acted negligently and caused the collision. However, the truck carrier would be vicariously liable for any injuries that result as the driver was acting within the scope of their employment at the time of the crash.
- Example 2: A driver violates hours of service laws and remains on the road longer than legally allowed. He falls asleep at the wheel and crashes into another vehicle. The trucking company would be liable for this as well.
The truck carrier would likely be liable even if it expressly forbade these types of behavior.
What Happens if the Truck Carrier Pressures a Driver to Do Something that Results in Injuries?
Let us revisit Example 2. While truck drivers often decide on their own to violate hours of service rules, in some cases, a trucking company pressures or forces its drivers to do so. In this case, the truck carrier would be directly liable for any injuries the truck driver causes. This might mean the truck carrier is fully liable for any injuries that result.
Call an Atlanta Truck Accident Attorney
Accidents happen all the time and are often difficult to deal with. One of those difficulties is determining who you can seek damages from. Making sure you meet your expenses and needs ranks high on your list of priorities after an accident. Determining who is liable in an accident is essential, but it is often quite complicated.
But this is also where a truck accident lawyer from S. Burke Law can help you. Our team prides itself on simplifying complicated legal concepts for our clients as we aid them on the path to personal and financial recovery.
If you or someone you care about was involved in an accident recently, we encourage you to call S. Burke Law. Our team pores over the details of every potential claim and walks you through your options. We can help determine if you have a case for vicarious liability. Call us at 404-842-7838 for your free consultation.
What is the Georgia Move Over law?
The Georgia Move Over law requires drivers to move over for emergency vehicles and police cars on the highway. It's meant to protect workers such as police officers, paramedics, firefighters and highway maintenance workers, and may prevent a car accident in Atlanta.
A large number of these workers were being killed or seriously injured while on highways performing traffic stops, responding to car accidents and doing highway construction work.
The law requires drivers to try to merge one lane if a police car or other emergency vehicle with flashing lights is parked on the side of the road. If that's not possible due to heavy traffic, the law stipulates that drivers are to slow down below the speed limit and be prepared to stop.
Sometimes, however, people can be unfairly charged with violating the Georgia Move Over law. If you find yourself in this situation, or if you've been involved in a car accident in Atlanta, you'll want to speak with an Atlanta accidents lawyer to discuss your legal rights.
Sadly, traffic accidents cause more fatalities amongst police officers than any other accident that causes death. Many officers get hit by other vehicles traveling the road while they worked outside of their patrol cars.
Violating the Georgia Move Over law can result in a fine of up to $500. More important, violating this law puts the lives of public service workers in danger, as well as the lives of others on the road.
If you've been involved in a car accident in Atlanta that involved the Georgia Move Over law, an Atlanta accidents lawyer can talk to you about your accident and how you should proceed with your case.
Contacting an Atlanta Accidents Lawyer
If you are the victim of someone else's negligence or carelessness, such as in the case of a car accident in Atlanta, you have certain rights guaranteed by law. To help you understand these rights and seek the compensation you may be eligible for to help get your life back in order, contact the Atlanta Law Offices of Sheryl L. Burke for a no-cost consultation on your injury case - 1-404-842-7838.