Liability in Car Accident Claims Explained
Most car crash claims begin with the other driver, but the driver is not always the only party who may be responsible. An employer, the vehicle owner, a government agency or a parts maker can also play a role. Sorting out who may be legally responsible is an early task for a car accident attorney, since each responsible party may carry its own insurance.
Claims against the driver
A negligence claim asks whether a driver failed to use reasonable care. Common examples include speeding, distracted driving, impaired driving, following too closely and failing to yield. In many states, violating a traffic law can be evidence of negligence, and some states apply negligence per se. A citation can help a claim, but it is not required to prove fault, and the effect of paying a ticket differs by state. A car accident attorney will compare the driver's conduct with the traffic laws of the state where the crash happened.
The vehicle owner
When the driver borrowed the car, the owner's policy often covers permissive users. The owner may also face a negligent entrustment claim for lending a car to someone known to be unlicensed, impaired or unsafe. Rental and leasing companies are treated differently. A federal law known as the Graves Amendment generally protects them from liability for a renter's negligence, unless the company was negligent itself, such as by renting a car with known brake defects.
Employers and work vehicles
When a driver is working within the scope of employment, the employer is generally responsible for the driver's negligence under respondeat superior. This can cover delivery drivers, sales staff and others who drive as part of the job. Rideshare crashes raise their own coverage questions, because the coverage that applies can depend on whether the app was on and whether a ride had been accepted. A car accident lawyer will usually ask for the employer's policy along with the driver's own.
Road defects and product defects
A broken traffic signal, a missing stop sign or a dangerous road defect may involve a government agency. Claims against public bodies come with special immunity rules and short notice deadlines, and those rules vary by state. When a defective tire, brake or airbag contributed to the crash or the injuries, the manufacturer can face a product liability claim. Open recalls can be checked with the vehicle identification number on the NHTSA recall lookup. Some states have dram shop laws that allow claims against a bar that served a visibly intoxicated driver.
Claims by passengers
Passengers who are hurt may have claims against one driver or both, even the driver of their own vehicle. Coverage can come from the policy on the car the passenger rode in and from the other driver's policy, and sometimes from the passenger's own policy too. Certain policies restrict claims between relatives who live in the same household, which makes the wording of the policy important.
Comparative negligence and multiple parties
Most states use comparative negligence, which can reduce a recovery by the injured person's share of fault, while a small number still apply contributory negligence. States also differ in how fault https://elliottmppq191.hexaforgey.com/posts/how-crash-reports-and-dashcam-video-shape-an-auto-accident-claim is divided among several defendants. An automobile accident lawyer looks at every possible party because one policy may not cover the full loss. This article is general information, not legal advice, and no outcome can be predicted from it.