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Understanding the law of vicarious liability

On Behalf of | Feb 28, 2022 | Motor Vehicle Accidents |

A motor vehicle accident can majorly disrupt your life, causing you major injuries and resulting in lost wages and extreme pain and suffering. Bronx residents are used to high traffic from all types of motor vehicles on the roads, including cars, motorcycles, ride share vehicles and trucks. Bronx drivers and pedestrians alike must act prudently to avoid a collision in this type of environment.

You are likely aware that if you are involved in a motor vehicle accident, either you or the other driver may be found at fault. However, New York’s vicarious liability law, can potentially make someone responsible for a motor vehicle accident simply if they own the vehicle that caused the accident, even if they were not the driver.

Victims of a motor vehicle accident who have sustained serious injuries or other damages should be aware of this important law. People often loan their vehicles to a family member, friend, spouse or child, without having any idea that if the vehicle is involved in an accident, they could be held legally responsible.

Express and implied permission

Vicarious liability law applies regardless of whether the vehicle owner gave express or implied permission to another person to use their vehicle. Express permission involves literally telling someone they can use the vehicle.

Implied permission may be found in a case involving a minor child who knows they are allowed to use their parent’s vehicle at any time without having to ask. If the minor child causes an accident while operating the vehicle, the parent will still be held legally responsible.

Accident victims who are struggling in the aftermath of a motor vehicle accident could benefit from speaking with a personal injury attorney. A legal professional can provide advice and counsel on all aspects of the accident, including whether any legal theories, such as vicarious liability, could help in recovering compensation.