Articles Posted in Motor Vehicle Accidents

Sometimes an unimaginable tragedy happens, leaving the victims with catastrophic injuries and their families with devastating pain and loss. Recently, a school bus transporting 22 children was involved in a crash that left the driver dead as well as a 7-year-old occupant. There is no amount of money that can repair the families’ trauma and loss, but it can help them pick up the pieces and cover the expenses that they incur as a result. At Maurer Law, our Raleigh car accident lawyers can speak with you about your situation and whether you may be entitled to relief in a personal injury or wrongful death action. Don’t wait to seek justice on your family’s behalf; call us as soon as possible.

The school bus involved in the recent crash collided with a utility service vehicle that was traveling on a highway in eastern Tennessee, according to local reports. The police who responded to the crash reported that the bus driver did not have time to stop to avoid a collision with the service utility vehicle. Five children were taken to a local hospital by airlift while two were transported to a local hospital by vehicle. The young girl who lost her life was found deceased at the scene of the accident along with the bus driver.

If this crash had happened in North Carolina, the victims and their families could bring a personal injury claim to recover compensation for their injuries and damages. In the personal injury action, the plaintiff must show that the defendant failed to use reasonable care and skill at the time of the accident and that the plaintiff suffered injuries as a direct and foreseeable result. There are many ways that a driver can breach this standard of care, including speeding, drunk driving, or distracted driving. In a situation involving a municipal driver like a bus driver, there is also the possibility that the driver did not receive proper training on how to drive the bus safely or that the bus was not kept in good working condition resulting in an equipment malfunction.

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If someone causes you to suffer an injury while they are on the job, then you may have a claim against their employer for compensation. Like many states, North Carolina recognizes a legal doctrine called vicarious liability. This doctrine says that an employer can be held liable for the torts that its employee causes during the course and scope of employment. Because so many motorists are actually on the job while they are out driving, this doctrine comes up quite often in personal injury lawsuits involving car accidents. In addition to a vicarious liability claim, there are a few other causes of action that may allow you to pursue compensation from the employer. If you were injured in a car accident and want to know more about whether you may be able to seek compensation from the at-fault party’s employer, contact the Raleigh car accident lawyers at Maurer Law now.

A recent Court of Appeal opinion discusses one of the common claim types that you may be able to bring against an employer called negligent hiring, retention, or supervision. In the case, the plaintiffs were elderly individuals who received in-home care services from the defendant’s company. Several high-value items went missing from the plaintiff’s home, and one of the workers and two accomplices later robbed the plaintiffs at gunpoint. The plaintiffs filed a complaint alleging negligence and punitive damages against the defendant.

During the trial, the defendant moved for a directed verdict on the basis that the plaintiffs had failed to state a claim for negligent hiring, retention, or supervision. While the vicarious liability doctrine holds the employer liable through the employee’s negligence, the negligent hiring, retention, or supervision cause of action is a direct claim against the employer. One of the key differences between the two claims is that in a vicarious liability claim, the employer can only be held liable if the employee committed a negligent act during the course and scope of their employment. A negligent hiring, retention, or supervision claim holds the employer liable even when the employee is not acting within the course and scope of employment.

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