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Unlicensed Driver Involved in Hit-and-Run in The Bronx

A uniform driver who was driving without a license was involved in an accident with a security guard working for Katz's Delicatessen in The Bronx. The unlicensed driver hit the security guard and fled before police could arrive at the scene. The victim lost a leg in the accident.

According to police, the hit-and-run driver returned to the scene of the accident three hours later with a replaced windshield to replace the one that had been broken in the accident. After the initial impact, around 3 in the morning, the victim was rushed to Jacobi Medical Center. Doctors said that he was in "critical condition" was on the path to recovery.

The unlicensed driver was apprehended and charged with multiple offenses, such as: tampering with evidence (replacing the windshield), fleeing the scene, assault with a vehicle, aggravated unlicensed operation and failure to yield to a pedestrian.

The uniform cab company is responsible for the actions of its driver in operating the uniform cab negligently as long as the driver was operating the cab with the company's consent and permission.

The issue of whether the driver of the cab was licensed or not is irrelevant in a lawsuit for monetary damages as the only issue is whether the company knew and consented to the driver using their cab for business purposes. The legal concept that applies to the owner of a vehicle being responsible for a driver's actions is "respondeat superior".

What is the "respondeat superior?" When speaking in the context of a personal injury case, this principle describes an employer's liability when one of their employee's causes or contributes to an accident. Literally transcribed, "respondeat superior" means "let the master answer."

This means that the employer is considered vicariously responsible for his or her employee's actions even though they were not directly responsible for the negligence. When this principle is applied in a personal injury case, the third-party (employer) can legitimately be held liable for the defendant's careless actions.


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The Law Firm of Steven I. Fried, P.C. - Bronx Personal Injury Attorney
Located at 5600A Broadway, Bronx, NY 10463.
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