Who Is Liable in a Car Accident?

Most car crash claims start with the other driver, but the driver is not always the only party who may be responsible. An employer, the vehicle owner, https://angeloltyk092.terracolumn.com/posts/how-crash-reports-and-dashcam-video-shape-a-car-accident-claim-2 a government agency or a parts maker can also play a role. Finding every responsible party is one of the first jobs of an auto accident lawyer, since each responsible party may carry its own insurance.

Claims against the driver

Negligence asks whether a driver failed to act with reasonable care. Common examples include speeding, distracted driving, impaired driving, following too closely and failing to yield. In many states, a traffic law violation can serve as evidence of negligence, and some states treat it as negligence per se. A citation can help a claim, but fault can be proven without one, and paying a ticket is treated differently from state to state. An auto accident attorney will measure the driver's conduct against the traffic laws where the crash happened.

When someone else owns the car

If the driver borrowed the car, the owner's insurance policy often covers permissive drivers. An owner who lends a car to someone known to be unlicensed, impaired or reckless may face a negligent entrustment claim. Rental and leasing companies are treated differently. Under a federal law called the Graves Amendment, they are generally shielded from liability for a renter's negligence, unless the company was negligent itself, for example by renting out a car with a known brake defect.

Employers and work vehicles

If the driver was acting within the scope of employment, the employer is usually answerable for the driver's negligence under respondeat superior. This can apply to delivery drivers, sales staff and others who drive for work. Rideshare crashes raise separate coverage questions, since the available coverage can depend on whether the app was on and a ride had been accepted. A motor vehicle accident attorney will typically request the employer's policy in addition to the driver's.

Other parties that may share fault

A broken traffic signal, a missing stop sign or a dangerous road defect may involve a government agency. Claims against cities, counties and states face special immunity rules and short notice deadlines, which vary by state. If a defective tire, brake or airbag contributed to the crash or the injuries, the manufacturer may face a product liability claim. Open recalls can be checked with the vehicle identification number on the NHTSA recall lookup. In some states, a bar that served a visibly intoxicated driver may face a dram shop claim.

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 in some cases from the passenger's own policy. Certain policies restrict claims between relatives who live in the same household, so the exact policy language matters.

Comparative negligence and multiple parties

Most states apply comparative negligence, which may reduce a recovery by the injured person's percentage of fault, while a few jurisdictions still follow contributory negligence. How fault is divided among several defendants also varies by state. A car accident attorney reviews every possible party, since a single policy may not cover the whole loss. This is general information and not legal advice, and it cannot predict how a claim will turn out.