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Molly Burke Law Office, pllc

Disability, Personal Injury, Family Law

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Jun 02, 2017

Assigning Vicarious Liability in Bus Accidents

Most motorists in Shepherdsville likely understand the need to share the road with buses, while bus passengers no doubt appreciate the commuting option that such vehicles offer.

However, like all large commercial vehicles, buses can present an increased risk of causing extensive damage along with devastating injuries should such vehicles ever be involved in an accident.

Who is liable in the event of a bus accident?

Information shared by the Federal Motor Carrier Safety Administration shows that there were 4,311 fatal crashes involving buses and large trucks in 2015 in the U.S.

In most cases where a bus is recognized as having caused the accident, the bus driver is the one that most would assume to be liable, both for injuries to the occupants of the vehicles that he or she may have struck as well as to the passengers that he or she was transporting.

Yet can liability also extend to the company that employs the driver?

Company liability versus individual liability

A legal principle exists known as “respondeat superior.” 

This doctrine (as shared by the Legal Information Institute of the Cornell University Law School) states that companies can be assigned vicarious liability due to the actions of their employees.

However, in order for this principle to apply, the employee’s actions must be determined to be within the scope of his or her employment.

Say a bus driver is driving too fast on roads made slick due to weather conditions.

If he or she causes a collision, it could be argued that even though he or she was speeding, he or she was still performing his or her designated job responsibilities.

Yet if he or she was later discovered to have been drunk while driving, his or her employer may claim that his or her decision to drink and drive had nothing to do with his or her employment.

Categories: Uncategorized Tags: commercial vehicle accidents

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Testimonials

The staff has always been very professional to me. I have always been treated with respect. Even when I feel like I am calling and bugging her to death she always assured me it's not a problem. Made me feel like a friend not just another file in her file cabinet. She has kept me very informed throughout the process so far and I don't have one bad thing I can think of to say. I would recommend Molly's services to anyone.

R.S., Client

Our family attempted to work with other lawyers for our daughter’s disability benefits application and appeals process before finding Ms. Burke. Ms. Burke is, by far, the best lawyer I have ever done business with. She approached our case with genuine caring and thoroughness. We would not have been awarded disability benefits for our daughter without the untiring, unwavering work of Ms. Burke. She supported us through her expertise of the law and Social Security requirements. She bolstered us emotionally as needed. She always returned phone calls, emails, and texts in a timely manner. I have already recommended her to other people and will continue to do so. She is the best!

D.N., Client

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340 South Buckman Street | Shepherdsville, KY 40165
Office: 502-277-1711

313 Hillcrest Drive | Brandenburg, KY 40108
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