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. Finding every responsible party is one of the first jobs of an auto accident lawyer, since each responsible party may carry its own insurance.
The other 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 https://edwinlupz061.tearosediner.net/how-fault-works-in-rear-end-and-t-bone-car-crashes treat it as negligence per se. A citation can help a claim, but it is not required to prove fault, and paying a ticket is treated differently from state to state. A car crash lawyer will compare the driver's conduct with the traffic laws of the state where the crash happened.
The vehicle owner
If the driver borrowed the car, the owner's insurance policy often covers permissive drivers. 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. 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, such as by renting a car with known brake defects.
When the driver was working
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, because the coverage that applies can depend on whether the app was on and whether a ride had been accepted. An auto accident lawyer will typically request the employer's policy in addition to the driver's.
Government agencies and manufacturers
A missing stop sign, a broken traffic signal or a dangerous road defect may point to 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. NHTSA's recall lookup shows open recalls by vehicle identification number. Some states have dram shop laws that allow claims against a bar that served a visibly intoxicated driver.
When a passenger is hurt
A passenger hurt in a crash may have claims against either driver or both, including the driver of the car they were riding in. Coverage may come from the policy on the passenger's vehicle as well as from the other driver's policy, and in some cases from the passenger's own policy. Some policies limit claims between members of 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 few jurisdictions still follow contributory negligence. States also differ in how fault is divided among several defendants. A car wreck lawyer 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.