Rebar Bernstiel handles a broad range of motor vehicle accident claims, including those involving car, truck, motorcycle and recreational vehicle accidents. In defending these claims, we aggressively pursue the facts regarding the cause of the accident and severity of resulting injuries to establish lack of causation and/or diminish the damages recoverable. We consult with medical experts, experts in accident reconstruction, bio-mechanical experts, among others, who help us build compelling defenses for our clients. We handle complex auto liability claims involving multiple drivers, passenger injuries, third party, first party, uninsured motorist coverage, under insured motorist coverage and property damage.
Our expertise extends to specialized claims involving employer liability for motor vehicle accidents. If a car accident occurs while an individual is driving a vehicle in order to perform his or her work duties or to do something for his or her employer, there may be employer liability. Most commonly, these claims involve a truck driver or a commercial vehicle driver causes an accident and his or her employer is sued. In any case, whether or not an employer will be liable depends on whether there is some legal reason for assigning responsibility to the employer.
Employer negligence can arise, for instance, from negligent hiring of the employee or negligent supervision of the employee. When a company hires someone who drives a company vehicle, the employer has a duty to exercise reasonable due diligence in order to make sure that the employee is suitable for the position. Employer can become responsible for employee accidents as a result of the employer’s negligent supervision of the employee. Employers should have reasonable safety policies in place and should make sure all of their drivers comply with safety laws. This means if an employer has truck drivers working for him/her, the employer should make sure the drivers follow logging requirements set by federal and state law and that cargo is properly weighted and loaded. If an employer fails to check and make sure that the employee is exhibiting reasonable care and skill in doing the job required, then that employer is liable for negligence.
Vicarious liability is a doctrine of law that asserts that the actions of an agent are essentially the same as the actions of the principle directing the agent. Generally, the employee needs to be working in the course and scope of his employment before liability will attach to the employer. Rebar Bernstiel has successfully defended employers from liability in this context by developing facts to establish that the employee was not in the course and scope of employment when the accident occurred.
Rebar Bernstiel brings over 100 years of combined experience litigating and counseling clients in trucking, common carrier and general commercial transportation litigation from the upper reaches of New York to the southernmost areas of Virginia and everywhere between. Our Transportation Litigation Team has represented local, regional and national motor carriers, freightliners, and the logistical servicers of these carriers. Our attorneys have achieved positive results litigating bodily injury claims, property, cargo and freight claims, and claims related to business interruption and disruptions.
Our attorneys have litigated these cases to successful verdicts in state and federal courts and before administration boards with our attorneys maintaining an expertise in state and local laws and US Department and Transportation rules and the complexities within the Federal Motor Carrier Safety Administration.
From our strategically centered locations, we are able to quickly and efficiently respond to incidents in ten states on the east coast and our rapid-response line is available to immediately begin investigations on time sensitive matters.
Utilizing our full-scope litigation techniques, we are able to provide a 360° strategy based on client’s ultimate goals in light of the facts and legal posture of a case.
Our attorneys are also regular attendees and presenters at industry events throughout the county and are members of the DRI Trucking Committee.