Who Can Be Held Responsible for a Car Accident?
Most car crash claims begin with the other driver, but the driver is not always the only party who may be responsible. The vehicle owner, an employer, a government agency or a parts manufacturer may also play a role. Finding every responsible party is one of the first jobs of an auto accident lawyer, because each party may have separate 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 treat it as 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. An auto accident attorney will measure the driver's conduct against the traffic laws where the crash happened.
Owners and rental companies
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 a special case. 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
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 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.
Government agencies and manufacturers
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, and those rules 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 https://keeganvqxs558.keystonescope.com/posts/police-reports-dashcam-video-and-car-crash-evidence against one driver or both, including the driver of the car they were riding in. 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. Some policies limit claims between members of the same household, which makes the wording of the policy important.
How shared fault affects the claim
Most states apply comparative negligence, which may reduce a recovery by the injured person's percentage of fault, while a small number still apply contributory negligence. How fault is divided among several defendants also varies by state. 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.