Wednesday, June 16, 2010

Negligence for another's Motorcycle Accident

In most injury or accident cases, the key to the case is proving negligence. If you can show that you did not behave in a risky or negligent way, you have a good chance of winning. There are some situations where car and motorcycle accident liability can be assigned to someone who was not even in the car at the time.

The most common situation where someone who is not at the scene of a Denver motorcycle accident is still sued is when one of their employees was involved in the accident. Case law has ruled that employers have a duty to not let their employees drive if they know them to be in a dangerous state.

The employee must be on the clock or performing a job duty. Denver motorcycle lawyers have successfully argued that a drunk employee allowed to drive home was also the responsibility of his employer. In these situations of vicarious liability, one party is liable for the conduct of the other. So a motorcycle delivery company is liable for their deliveryman.

Some state laws also hold vehicle owners liable for the actions of anyone in their car. Let's say you let your friend drive your car and he crosses state lines, gets into an accident and needs to hire a Denver accident lawyer. In some states, as soon as you give someone permission to drive your car you become another party to any accident claims. Stolen cars are different of course.

Well, experience has taught us that children driving is an accident waiting to happen - and that accident can easily result in a lawsuit against the parents. Allowing a minor or anyone else that they know is incompetent they are eligible for suit under negligent entrustment.

In states where minors can get driver's licenses, the parents my be responsible for any negligent driving when they sign the waiver granting the license. Other incompetent drivers in negligent entrustment are drunk, sick, or you know for some reason they would be reckless. A personal injury lawyer is the first person you should talk to if you have any problems from reckless motorcycle driving.

1 comment:

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