5 Alternative Sources of Liability PDF

5 Alternative Sources of Liability Property Damage Department – Video Training Summary Section 1: Alternative sources of liability Transportation Injury Mapping System which is a website that is involved or related to the SWITTRS, which is an organization that collects data of car accidents, pedestr...

5 Alternative Sources of Liability Property Damage Department – Video Training Summary Section 1: Alternative sources of liability Transportation Injury Mapping System which is a website that is involved or related to the SWITTRS, which is an organization that collects data of car accidents, pedestrian accidents, motorcycles accidents in California, however, the Transportation Injury Mapping System what did was to collect this data and added to their website so people can easily find it by pin pointing where the accident happened and this website is for free. In other words, this is The Transportation Injury Mapping System (TIMS) has been developed over the past ten-plus years by SafeTREC to provide quick, easy and free access to California crash data, the Statewide Integrated Traffic Records System (SWITRS), that has been geo-coded by SafeTREC to make it easy to map crashes. What type of information does TIMS platform provides? It proves information as to: What type of incident, property damage, it pedestrians or more vehicles were involved, any sort of hazards on the road, accident time, if an object was hit, number of accidents that have happened on such area, it also provides the police officer batch number of the officer who did the incident investigation. If we can get information from a third party or any other source than the defendant itself its always better because majority of the times, the information will be more reliable than the one that the defendant shares with you. This information will be more independent, more objective, less manipulated and of course more reliable, and it provides to you more credibility, We can collect data from car accidents, pedestrians and motorcycle accidents by using the TIMS platform. This is very useful platforms for you to finds different way in which you can prove and input liability to some other parties than just the defendant, as for example if the road has bad conditions than that represents bad conditions to drive in, which can lead to car accidents that involves severe injuries, we might consider file claims within the government. Another way of finding liabily is by doing inspections, these inspections are very useful when there’s cases in which injuries are significant and our clients statement are truth worthy, we might need to find liability by sending someone see the incident location, document such findings by taking pictures, videos, conducting reports, specially on those scenarios in which the incident happened at night time, in which majority of the times the pictures that our client might have been able to take won’t reflect the real condition of the incident location because of blurry visibility, dark conditions, etc, or those cases in which the client does not remember how the accident happened, we might to send someone do an inspection to see what was the cause of the accident in those cases for example that there’s no other vehicle involved. Section 2: When there’s for example government claims, an investigation must be done, because not always the city is the only responsabile for the bad conditions on the road, as there might be as for example private contractors or joint ventures that might be involved on the construction in general, so we need to identify who the defendants are and why they might be liable for. Another way its prior incidents or violations, these includes records of prior accidents, safety violations, or even complaints against the responsible party can demonstrate a pattern of negligence. Maintenance records: In cases involving premises liability or defective products, maintenance records can reveal negligence or lack of proper care. Finding liability is as crucial as to identifying the correct parties to sue in a personal injury case for several reasons: 1. Legal Standing: Filing a claim/lawsuit against the wrong party can result in the case being dismissed. Ensuring the correct individuals or entities are named as defendants establishes legal standing for the lawsuit. 2. Maximizing recovery: Targeting the right defendants increases the chances of obtaining a meaningful recovery. If the responsible party has insurance coverage or significant assests, it enhances the potential for compensation. 3. Efficiency in legal proceedings: Accurately identifying liable parties streamlines legal proceedings. It avoids delays associated with amending complaints or pursuing additional lawsuits against overlooked defendants. 4. Fair compensation: Different parties may share liability to varying degrees. Identifying all responsible parties ensures a fair distribution of responsibility and helps pursue compensation from each party according to their level of fault. When there’s the suspicious that there might be course and scope, we have to pay attention to the following:    Type of car involved in the collision If the defendant was transporting material, products, etc. Destination of where the defendant is going What is course and scope and how can liability be find in these cases: Course and scope refers to the concept of scope of employment in the context of employer liability, when an employee is acting within the course and scope of their employment, it means they are performing duties or tasks assigned by their employee in a manner that is reasonably connected to their job responsibilities. So, course of employment refers to the time during which the employee is engaged in work activities as required by their job. And scope of employment, refers to the range of tasks or duties that an employee is authorized to perform on behalf of their employer. When there’s course and scope cases in which we are trying to find liability, we can have as defendants the following:  Direct employer: This is the most common scenario where an employee’s actions are within the course and scope of their employment, making their employer directly liable for any resulting harm.  Vicarious liable employer: Even if the employee’s actions may seem outside the strict course and scope of employment, the employer can still be held vicariously liable if the actions were closely connected to the job or occurred within the course and scope.  Co-employees: In some cases, co-employees may be held liable if their actions contribute to their injury, especially if they were acting within the course and scope of their own employer.