Employer Liability in Car Accident Cases

If a car accident occurs while an individual is driving a vehicle in order to perform his or her work duties or to do something for his or her employer, there may be employer liability. This is most often a problem in cases in which a truck driver or a commercial vehicle driver causes an accident and his or her employer is sued. In any case, whether or not an employer will be liable depends on whether there is some legal reason for assigning responsibility to the employer.

When Does Employer Liability Arise?

There are two main ways that an employer can be held liable for a car accident caused by an employee: negligence on the part of the employer and vicarious liability.

Employer Negligence

Employer negligence may involve, for instance, negligent hiring of the employee or negligent supervision of the employee. When a company hires someone that they know will be driving a company vehicle, the employer has a duty to exercise reasonable due diligence in order to make sure that the employee is a safe driver.

At a minimum, if the employee is going to be driving a commercial vehicle, the employer should make sure that the employee has a commercial driver’s license that is in good standing and that has not been suspended. Many employers also take additional precautions like checking a past driving record or performing drug testing.

Negligent Supervision

Negligent supervision is another way in which an employer can become responsible for employee accidents. Employers should have reasonable safety policies in place and should make sure all of their drivers comply with safety laws. This means if an employer has truck drivers working for him/her, the employer should make sure the drivers follow logging requirements set by federal and state law and that cargo is properly weighted and loaded. If an employer fails to check and make sure that the employee is exhibiting reasonable care and skill in doing the job required, then that employer is liable for negligence.

Vicarious Liability

Vicarious liability doesn’t necessarily require that the employer was negligent in any way themselves. Vicarious liability is a doctrine of law that asserts that the actions of an agent are essentially the same as the actions of the principle directing the agent. This means that an employer is considered to be the “principle”, and when the employer tells employees (the agents) to do something, it is just as if the principle is the one acting. Of course, this rule only applies if the agent is actually in the process of doing something for the principle at the time when the accident happened.

For example, if an employee is sent to the store to pick up copies and got into an accident on the way to picking up those copies, then the employer could be liable. If the employee decides to stop for coffee on the way back and gets into an accident while getting coffee, he/she isn’t acting on behalf of the employer/agent, so the employer usually won’t be responsible. There are also usually exceptions that an employer will not be liable for intentional bad acts done by the employee, so if the employee decides he wants to run someone over, the employer won’t be at fault.

Getting Help

If you have been involved in an accident in which employer liability might become an issue, consulting with a lawyer is recommended. Your attorney can explain to you what liability rules will apply in your case and how your legal rights can be best protected based on the situation that led to the accident.

How to do a deed in lieu of foreclosure is a foreclosure

A deed in lieu of foreclosure is a foreclosure prevention process that can be used when you are upside down on your mortgage and cannot afford to keep your home. You simply sign a deed transferring ownership of your home back to your mortgage lender in exchange for walking away owing them nothing on your mortgage balance. The deed in lieu is a mechanism used to avoid foreclosure that saves you and your lender the time and costs of having to go through a formal foreclosure process. It benefits you and your lender by saving on court and legal fees. It can also save your credit if negotiated properly.

  1. Call your lender’s loss mitigation department and tell them you are experiencing a financial hardship and can no longer afford to keep your home.
  2. Ask if they will accept a deed in lieu of foreclosure.
  3. Find out what other foreclosure prevention options you qualify for from your lender’s loss mitigation department and also by contacting a HUD Certified Counseling Agency or a real estate foreclosure defense attorney.Download your lender’s deed in lieu of foreclosure forms, complete them and submit them to the lender with a hardship letter and any financial information they require.
  4. Negotiate that the deed in lieu satisfies your mortgage balance and that the lender will not come after you later for a for the outstanding mortgage balance
  5. Request and negotiate with the lender that they report the transaction to the three credit bureaus as paid settlement or satisfied and ask them to remove any prior negative reporting from your credit report. Otherwise, they will report it as a foreclosure or deed in lieu of foreclosure, which stays on your credit for 7 years and lowers your credit score.
  6. Sign the deed in lieu of foreclosure back over to the lender. Hand them the keys to your home and walk away owing nothing.

Family Law

Experienced Attorneys Helping Clients Make Smart Decisions For Their Families

Going through a divorce or any family law challenge is an incredibly difficult and emotionally trying time in anyone’s life. Decisions made today in a divorce or family law proceeding can have long-lasting effects on parent-child relationships, family dynamics and your financial health. Especially during this difficult time, it is of the utmost importance to have a competent, professional and compassionate attorney on your side. At The Brooks Law Firm, we help our clients assess how a decision they make today will affect their families tomorrow.

With offices in Dallas, and McKinney, The Brooks Law Firm helps clients throughout Dallas, Ft. Worth and surrounding areas resolve their family disputes and move forward with their lives.

Family Lawyers In Dallas, Ft. Worth : Providing Comprehensive Family Law Advice

Dealing with the legal system is already stressful, when family disputes are thrown into the mix emotions run even higher.
Our attorneys take the time to learn about our clients and their families. Once we understand our clients’ specific family law issues and their goals for resolution, we develop a legal strategy to help them achieve those goals.
The legal system is complex. Every legal decision you make today has the ability to affect your financial health and family relationships for years to come. Decisions made during the divorce and separation processes will have long-lasting effects on the financial health of you and your family. Property division decisions as well as child support, spousal maintenance and alimony determinations dictate the type of lifestyle you will lead after your divorce is final.

Child custody and visitation decisions will not only affect the amount of financial support you are entitled to receive or obligated to pay, but may adversely affect the relationship you have with your child.
Domestic violence and child neglect accusations also influence child custody and visitation determinations. Our firm represents clients seeking orders of protection and also represents those wrongfully accused defend against neglect accusations.
At The Brooks Law Firm our attorneys also help clients prove and disprove paternity to get the child support and visitation time they deserve.

Our attorneys also help clients draft solid prenuptial agreements that protect their financial interests, help clients challenge the validity of prenuptial agreements, and defend clients’ prenups against invalidity claims.
When your family’s future is on the line, do not trust your case to just any attorney. Choose a law firm that actually cares about the outcome of your case, and the implications it has for you and your family. The decision to end a marriage, whether reached amicably or after heavy dispute, is never an easy one. No matter what path brought you to this decision, it is a difficult process to endure. For these reasons, it is absolutely essential to feel secure in the legal counsel you choose to represent you.