Someone is suing me for an injury that is not my fault

Can I be sued by someone for an injury that is not my fault?

You may be entitled to compensation if you were injured in an accident. Compensation may include your past and future financial and non-financial losses. Most personal injury victims’ losses are much greater than they realize.

A personal injury is any type of injury you sustain by a dog bite, fall, vehicle collision, or other accident. Injuries may include brain injuries, back injuries, internal injuries, cuts, bruises, soft tissue, burns, and broken bones. Further, defamation and slander are considered to be part of personal injury law because they cause damage to someone’s person. A cause of action for “Personal Injury” should be added to your Complaint to recover compensation for physical, psychological, and financial effects of the personal injury.

An Example of Personal Injury: Employer Liability for Employee Car Accidents.

As an employer, if your employee is involved in a traffic accident, then you will likely be held liable for any injuries resulting from a traffic accident for which the employee was at fault. Employer negligence applies whether the injured individual is the driver of another vehicle, a pedestrian, a passenger in the employee’s personal car being used on the job, or a passenger in the employer’s car being driven by the employee. Due to the fact that the employer did not actually commit the wrong, the division of responsibility to the employer is known as “vicarious liability.”

Frequently Asked Questions

Negligence is the legal standard that governs most types of personal injury claims. A person can be considered “negligent” if he/she makes a mistake that causes personal injury to another. For example, drunk driving, distracted driving, and falling asleep behind the wheel are all examples of negligence, as are a failure to repair damaged stairs and/or failure to provide adequate security.

You could still be entitled to partial compensation even if you were partially at fault. California follows the rule “comparative fault,” which means that even if you were 60% at fault, you would still be entitled to recover 40% of your financial and non-financial losses. 

Employer vicarious liability is limited to employee errors that occur within the scope of employment. For instance, if a server accidently spills hot coffee on a customer during a shift, the restaurant may be liable for the customer’s injuries caused by the employee’s mistake.
The “scope of employment” is an expansive concept. Ordinarily, it results in broad vicarious liability for employer because this may encompass a range of activities that an employee is reasonably expected to do as part of his/her job.

Notably, employers are not automatically liable for all conduct occurring at work.
If an employee is engaging in intentional conduct for his/her purpose or benefit, during working hours and at the work site, then courts are unlikely to shift liability for third party injuries to the employer. For example, it is unlikely that an employer would be responsible to defend an employee who is accused of sexual or physical assault during working hours.

Permissive: We advise confirming your vehicle coverage with your insurance company prior to giving permission to your friend to drive your vehicle. In the event of an accident, your insurance company will likely cover drivers you have listed on your policy or anyone that you give permission to drive your vehicle.

Non-Permissive: If you do not give permission to any person to drive your vehicle then you may not be held liable for damage if an accident occurs. For instance, if your friend takes your vehicle without your permission and crashes the vehicle, then your friend’s insurance may be liable.

An Example of Personal Injury: Ambulance driver’s negligence causes elderly man’s head injury and subsequent death.

Of course, there are countless possibilities for accidents in the workplace resulting in injury to third parties and potential liability for employers. For instance, an ambulance driver assisting an elderly man to his seat to transport him to physical therapy and the elderly man falls backward hitting his head, which results in a head injury. The ambulance company may be held liable for the employee’s negligence in failing to report the injury, so that the elderly man may receive proper care. Instead, the elderly man dies from his head injury and the ambulance company is sued by the family of the deceased for damages.

To avoid vicarious liability for employees’ accidents in company vehicles, employers should input policies on vehicle use.

In Taylor v. Roseville Toyota, Inc., the California Court of Appeal court found insufficient evidence of the means to ensure employees did not use vehicles for personal errands, and company policy was vague on the subject. Employers who wish to avoid potential liability for accidents occurring during employees’ commuting time should ensure company insurance policies cover exceptions to the “going and coming” rule. Additionally, employers should work with employees to ensure they operate vehicles safely. So, the manner in which a company vehicle is used (such as, not using cell phones while driving) should be outlined in clear detail in the employer’s policies and procedures.

At Webb Law Group, APC., our personal injury attorneys have in-depth knowledge of various personal injury claims and are experienced in negotiating with greedy insurance companies that will try to take advantage of you. To learn more, please call (559) 431 – 4888 to set up a meeting with an attorney who can explain your legal options. We will fight for you and keep your best interests in mind.

Testimonials

Lenden Webb and his team are impressive. My husband and I are very pleased with the outcome our case where our business was being sued for almost $2 Million Dollars. Mr. Webb and his outstanding team put in 100% of time and effort into our case. Each meeting, mediation and settlement conference I attended was very informative and helpful. Mr. Webb was also very cooperative over the phone or via email whenever I had a question or concern. I am happy to say that my issue was resolved without having to enter the courtroom. My business and I would highly recommend Webb Law Group for representation.
Karine H, April 18, 2017 5.0 stars

Contact Webb Law Group

If you would like to schedule a free, no-risk consultation with Webb Law Group, call 559.431.4888 or 619.399.7700 between 7am and 5:30pm Monday – Friday. You can also submit a request through our online form. If we cannot answer you inquiry immediately, we will be in touch within 24 hours.

Send Us A Message