Wednesday, August 1, 2012

Important Legal Doctrine at Issue in Accident near Apartments?


The phrase “respondeat superior” may sound Greek to you, but this Latin word can have important legal consequences. In short, the doctrine of respondeat superior means that an employer may be held responsible for the careless or reckless decisions of its employee.

Is this legal doctrine at work in the recent accident that occurred near Dallas’s Oasis Apartments? It could be. According to reports, last week a resident of the complex ran after a tow truck that was carrying away his car, presumably for committing a parking infraction. Whatever the reason, what happened next was horrifying: the tow truck driver ran over the man chasing after him – and drove away from the accident scene.

Two questions are particularly important in this case: first, did the tow truck driver act with reasonable care and second, was he acting with the scope of his employment? If the first answer is “No” and the second answer is “Yes,” the facts may be sufficient to trigger the doctrine of respondeat superior – and the employer’s liability.

Have you been in an accident with a commercial driver, such as a delivery person, tow truck driver, or 18-wheeler driver? The doctrine of respondeat superior may be at work in your case, too. Find out what that means for your potential recovery by contacting the attorneys and professionals at Fears | Nachawati. For your free consultation, call us at 1.866.322.6898 or email us at http://www.fnlawfirm.com/contact.cfm. We can help!