Have legal questions? Get a Call Back Within 25 Seconds

Proners Head

Firm Blog

Have you been injured?

Wild Vehicle Collision in Upstate NY

Three people were seriously injured in an Oneida County car crash that involved multiple commercial vehicles.
The wreck happened at the intersection of State Route 31 and Beacon Light Road in Verona, New York. According to the New York State Police, 25-year-old Daniel Sokol, of Endicott, was traveling eastbound on Beacon Light Road when he attempted to turn onto State Route 31 and smacked into a Birnie bus. The force of the collision pushed the bus onto the opposite side of the road, where it struck a car driven by 22-year-old Marisa Holden of Mohawk. Holden’s vehicle then careened into a culvert. First responders were forced to use the Jaws of Life to extricate Holden from the wreckage before she could be transported to a local hospital. Meanwhile, 25-year-old Nina Stoecke, a passenger in the car, was also seriously injured.
Sokol was ejected from the limo during the accident and seriously injured. If he survives his accident-related injuries, he may face criminal charges.
Respondeat Superior
Whenever a bus driver, taxi driver, Uber driver, or other commercial operator causes a car crash, respondeat superior (Latin for “let the master answer”) is nearly always an issue. This third party liability theory, and other legal theories like it, is especially important if the tortfeasor (negligent driver) is uninsured or under-insured. That’s because an additional defendant means an additional possible source of financial compensation for the victim.
For respondeat superior to apply, the tortfeasor must first be an employee. To determine who is an employee, most negligence courts use a variation of the Department of Labor’s definition of “employ,” which is “suffer or permit to work.”
Under this definition, almost anyone who has an official relationship with a company is an employee of that company, even if the worker is labeled as an intern, independent contractor, or something else for income tax purposes. In fact, under the standard used by the Department of Labor, even unpaid workers, like church volunteers, could be considered “employees” in some circumstances.
Additionally, in order for respondeat superior to apply, the employee must be acting within the course and scope of employment at the time of the car crash. This phrase is also defined very broadly and in a victim-friendly way. Any employee who is doing anything that benefits the employer is normally considered to be acting within the course and scope of employment. In addition to delivery drivers operating delivery trucks, employees who are running an errand, performing a property inspection, or simply driving a vehicle that has the company logo on it are generally held to be acting within the course and scope of employment.

The tortfeasor is often not the only person who is liable for damages. For a free consultation with attorneys who stand up for car accident victims, contact the legal team at Proner and Proner. We do not charge upfront legal fees in personal injury cases.

  • 01

  • 02

  • 03

More Press

In The

In The Press ThumbnailPlay Button

Press

In The

In The Press ThumbnailPlay Button

Press

In The

In The Press ThumbnailPlay Button

Press

News Channel

Road Rage Incident

Mitchell Proner spoke in support of NYC motorcycle riders and called on NY lawmakers and police not to overreact to a highly publicized road rage incident or to let that incident cast all motorcyclists in a bad light.

News Channel

Hit and Run

Attorney Mitchell Proner was on hand when the motorist accused of hitting a female jogger on a road in Central Islip appeared in a New York courtroom to answer charges of leaving the scene of a fatal accident.

News Channel

Ferry Disaster

Attorney Mitchell Proner, an expert on maritime law, spoke about the similarities between the Costa Concordia ferry disaster and the recent Indonesian ferry accident that killed at least 24 people.

Award Image
Award Image
Award Image
Award Image
Award Image
Award Image

Mitchell Proner is an amazing and very experienced trial lawyer, who takes care of his clients. He represented me in a car accident case, kept me very informed during the lengthy legal process and got me the settlement that I expected. His friendly office staff was always willing to assist and answer any questions I had. I recommend Mitchell Proner to all my friends and family!

Besides being well versed and very knowledgeable about all aspects of my case it was simply a pleasure dealing with Mr. Proner and his colleagues at Proner and Proner. In a time of hardship Mr. Proner and the staff at Proner and Proner made it very easy for us to cope with all of the legal processes which we are not accustom to. I couldn't recommend a better group of people let alone an attorney as Mitchell Proner and the staff at Proner and Proner. Thank you again for all of your assistance.

Awesome experience, excellent service, very professional and fast resolving my case. My number one attorney - definitely recommended more than once. Thank you!