Occupations That Could Be Sued Under Vicarious Liability For A Car Accident

vicarious liability

Imagine you are in a car accident in Atlanta on I-285 near Sandy Springs and you broke your arm and leg. During the investigation, it appeared that the person who caused the accident may have been working at the time. If that is true, the negligent party’s employer could be held legally responsible for your injuries under the ‘vicarious liability’ concept. Learn more about vicarious liability related to car accidents, then talk to our Atlanta car accident lawyer now at Shani O. Brooks PC for legal assistance with your claim.

Potential Employer Liability For Georgia Car Accidents

Sometimes an employer can be found liable for their worker’s negligence in a car accident. This can be the case if the worker was driving a company vehicle or their own. Remember that the employer is not being blamed for being negligent; instead, the company must answer if their employee was careless behind the wheel and injured someone.

A company being vicariously liable for a worker’s negligent actions is, according to the legal concept ‘respondent superior,’ which means ‘let the superior answer.’ For this concept to be in effect, your Georgia car accident attorney must prove several things:

  • The other driver was driving negligently.
  • The driver was an employee and not an independent contractor.
  • They were acting within the scope of their employment when the accident happened.
  • They were engaging in something that benefited the employer.

Occupations That Could Be Sued Under Vicarious Liability

As explained earlier, vicarious liability can come into play in car accidents when an employee, acting in the scope of their employment at the time, gets in a car accident and injures someone else. There are scenarios and occupations where vicarious liability could apply:

Taxi Service

Suppose a taxi company hires a driver who does not have an active driver’s license to drive for them. The unlicensed driver hits you in Atlanta and injures you. You could sue the driver and their employer for your injuries and damages.


If a tractor-trailer driver is an employee of the trucking company and injures you, they could be held liable. However, if the trucker is an independent contractor, different rules could apply, so speak to your personal injury attorney.

Sales Professions

Another way a company could be liable for their employee’s accident is if they have the worker drive as part of their job. For instance, if the driver is a sales professional and must drive from the office to a client’s business and an accident happens, the driver is acting within the scope of their employment. Note, however, that this is not the same as a sales professional commuting to and from work every day.

Contact Our Atlanta Car Accident Lawyer Today

You could be eligible for compensation if you were hurt in a car accident in Atlanta and the other driver caused it. Also, if the other driver was working during the crash, their employer could be vicariously liable for their injuries. To learn if your car accident case involves vicarious liability, speak to our Atlanta car accident attorney at Shani O. Brooks PC today at (404) 920-4736.

Steps To Take After An Accident With Injury In Georgia

car accident

Car accidents happen about every two minutes in Georgia, so most residents can expect to get into one sooner or later. If you are in a car accident or other type of accident in Georgia caused by another party, there are things you should do after the incident for a better outcome. Also, you have a limited time to file a personal injury lawsuit in the state, so contact our personal injury attorney in Atlanta today to get started.

Check Everyone For Injuries

The law requires you to call for medical assistance if anyone is injured after a car accident. So, check yourself and others for injuries and provide first aid if needed. When speaking to others involved in the accident, do not mention fault or who did what. Any comment you make in this regard could harm a claim.

Call 911

Next, you should call 911 if anyone is hurt. Still, even if it looks like no one is hurt, it is still an excellent practice to call first responders. The police and an ambulance will arrive, allowing you to file a police report and obtain medical assistance.

While you may think you are fine, it is always wise to go to the hospital and be checked by a doctor for injuries. You could have injuries that you do not feel for several hours. The sooner your accident injuries are documented, the better for a potential personal injury claim.

Check For Witnesses

Did anyone witness the car accident or other type of accident? If you see anyone who saw what happened, get a statement from them about what they witnessed, then get their name and contact information. One of the most important aspects of proving a claim is what independent witnesses saw.

Take Photos

Most of us have cell phones with cameras, so take advantage of taking plenty of photos of the accident scene and your injuries. If you were in a car accident, take pictures of every vehicle and their positions on the road. Also, photograph property damage and cuts, scrapes, and injuries. This visual evidence may be used to prove fault in a personal injury lawsuit.

Talk To The Police

Tell the police what happened from your perspective and what your injuries are. These facts should be noted in the police report and could help your lawyer build a case.

Hire A Personal Injury Attorney

If another party caused the accident, they are probably represented by an insurance company. For example, all drivers in Georgia must have auto insurance, so if the other person caused the accident, it is best to have your lawyer handle the negotiations. If the insurer knows a lawyer does not represent you, they may try to get you to accept a quick settlement. Do not take it. Let your attorney work with the insurance company for a fair settlement for your injuries and losses.

Call Our Atlanta Personal Injury Lawyer Today

If you were hurt in an accident caused by someone else in Atlanta, you should not have to bear the costs yourself. However, you could receive compensation in a lawsuit, so contact our personal injury attorney in Atlanta at Shani O. Brooks, P.C., at (404) 920-4736.

Steps To Take If You Are In An Accident With Multiple Vehicles

car accident

Auto accidents were the second-leading cause of fatalities in Georgia in 2020. Thousands of Georgians are injured in these accidents annually, as well. Some of these accidents involved multiple vehicles.

If you are in an Atlanta car accident with multiple vehicles, you will probably be overwhelmed with stress and anxiety. Perhaps you have serious injuries, too. The steps you take immediately after the accident can influence how much money you receive in a car accident settlement or lawsuit. Remember the tips outlined below, then, if you have questions, talk to our Atlanta car accident attorney at Shani O. Brooks P.C. today.

Check Yourself For Injuries

Look yourself over after the accident to see how injured you are. Look closely to determine if you are more seriously injured than initially thought. Multiple vehicle car accidents are terrifying, and you will probably be in shock.

Next, check your passengers for injuries. If they do not need help, check on the occupants of other vehicles. Get help immediately if anyone is injured.

Call 911

If anyone is hurt, call 911. Tell the dispatcher there was a multiple-vehicle crash, and people are injured. After first responders arrive, the police will secure the accident scene and help the injured. Everyone involved in the accident will be interviewed by law enforcement.

Collect Information About Witnesses

A critical part of many car accident settlement negotiations is the testimony of eyewitnesses. You should obtain the contact information for all witnesses to the accident who stay at the scene. Another driver may admit fault in the accident, but their story could change later. So, witness statements to the police will be important later.

Take Photos

Take as many pictures with your cell phone as you can. You should take images of vehicle damage, your injuries, wide-angle shots of the accident scene and vehicle positions, and the license plate for every vehicle.

Also, take pictures of debris on the street and any skid marks you see. Of course, your car accident attorney will collect evidence, too, but you can take photos right after the accident. They can be helpful in arguing your case with the insurance company for compensation.

Do Not Talk To Another Driver’s Insurance Company

If several vehicles were in the crash, you could receive several phone calls from other drivers’ insurance providers. You should not talk to any auto insurance company except yours.

The other drivers’ insurance companies may contact you because they know their drivers are responsible for the accident. Their goal is to get you to either say something to damage your case or to get you to sign a quick settlement agreement. Neither outcome is beneficial to you.

The best thing to do after a multiple-vehicle accident is to call 911 and law enforcement, then speak to an Atlanta car accident attorney. Your attorney will handle all communications with the insurance companies. The car accident attorney is skilled in insurance negotiations and will help you get the best settlement.

Call Our Atlanta Car Accident Attorney Now

Were you in a car accident in Atlanta near Fox Theater or Zoo Atlanta because of someone’s negligence?  You may be entitled to compensation for your injuries. Contact our Atlanta car accident attorney at Shani O. Brooks P.C. at (404) 920-4736. Our Atlanta car accident attorneys also serve the communities of Buckhead, Decatur, and Dunwoody.