Liability in Auto Accident Claims Explained
Most car crash claims start with the other driver, but the driver is not always the only responsible party. https://cesarcopv777.unionquill.com/posts/the-timeline-of-a-car-crash-claim 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, since each responsible party may carry its own insurance.
The other driver
Negligence asks whether a driver failed to act with reasonable care. Typical examples include distracted driving, speeding, 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 traffic citation helps 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.
When someone else owns the car
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. Under a federal law called the Graves Amendment, they are generally shielded from liability for a renter's negligence, unless the company itself was negligent, for example by renting out a car with a known brake defect.
Drivers on the job
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 cover delivery drivers, sales staff and others who drive as part of the job. Rideshare crashes raise their own coverage questions, since the available coverage can depend on whether the app was on and a ride had been accepted. A car accident lawyer will usually ask for the employer's policy along with the driver's own.
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, 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. Some states have dram shop laws that allow claims against a bar that served a visibly intoxicated driver.
When a passenger is hurt
Passengers who are hurt may have claims against one driver or both, even the driver of their own vehicle. 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. Certain policies restrict claims between relatives who live in 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. 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 no outcome can be predicted from it.