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Vicarious Liability in 15 Passenger Van Rollover Accident

By Edited Feb 10, 2014 0 0

Large passenger carriers or 15-passenger vans are often used by small organizations and business enterprise that are engaged in frequent travel or transportation of goods and services. Schools, institutions, and churches purchase or rent 15-passenger vans to accommodate their increasing demand for space and communal activities.

However, the National Highway Traffic Safety Administration has received reports of continuous number of 15passenger van roll over cases, prompting the government to discourage the use of these vans in public schools and public agencies.

15 passenger vans have become risky because of its high center of gravity, which make it prone to rollover. The weight is being placed at the rear axle and the van tends to shift its center of gravity to and fro. Its tall structure and heavy mass also contribute to its high center of gravity.

When the driver loads more passenger or mass (cargo) in the 15 passenger van, the risk for high center of gravity aggravates and a mistake on a curve or a slope is enough to cause an accident.

Other causes of 15 passenger van accident

1. Heavy cargo on the roof

2. Defective tire

3. Defective auto parts

4. Design or manufacture defect

5. Road hazards such as curve, slope, or obstruction

6. Extreme weather condition

Injuries that can be sustained in a15 passenger van are:

1. Brain and head injury

2. Fractured or broken bone

3. Whiplash or neck sprain

4. Spinal cord injury

5. Internal organ injury

The injured person may file a personal injury lawsuit against the driver of the 15 passenger van. He or she may receive the following compensation:

1. Medical and hospital expenses

2. Therapy

3. Emotional loss

4. Loss income

However the plaintiff needs to establish the fault of the driver. The careless act is also referred to as negligence.

Examples of negligent acts are:

1. Over speeding

2. Failure to give signal or warning when making a turn

3. Hitting on red light

4. Failure to give way to other motorist

5. Not wearing seat belt

6. Driving under influence or other acts of impaired driving

The plaintiff may also establish the vicarious liability of the other party. Vicarious liability is the responsibility of the owner over his or her employed driver during the execution of job responsibilities.

The plaintiff may assert that the owner has legal responsibility to pay damages caused by his or her employed driver. However, the plaintiff needs to prove that there is a negligent act, and this caused the injuries sustained. Also, the employee should be driving within company hours and official duties.

Vicarious liability is also linked to negligent entrustment in which the owner has the responsibility to ensure that the hired driver adheres to the safety policy of the company and the state.

If you are injured in a 15 Passenger Van Rollover Accident, consult with a personal injury attorney in Los Angeles and learn more on how you can file the lawsuit.

To know the available legal options regarding your case, consult a Personal Injury Lawyer for more information.


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