Who Can Be Held Responsible for an Auto Accident?
Most car crash claims start with the other driver, but the driver is not always the only responsible party. The vehicle owner, an employer, a government agency or a parts manufacturer may also play a role. Identifying every party with legal responsibility is an early task for a car accident lawyer, 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. Typical examples include distracted driving, speeding, 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 traffic citation helps a claim, but fault can be proven without one, 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.
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. 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.
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 apply to delivery drivers, sales staff and others who drive for work. Rideshare crashes raise their own coverage questions, because the coverage that applies can depend on whether the app was on and whether https://caraccidentlawyers.wiki/geography/united-states/georgia/metro-atlanta/sandy-springs/ 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 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. 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. In some states, a bar that served a visibly intoxicated driver may face a dram shop claim.
Claims by passengers
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 sometimes from the passenger's own policy too. Some policies limit claims between members of the same household, so the exact policy language matters.
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 few jurisdictions still follow contributory negligence. How fault is divided among several defendants also varies by state. A car wreck lawyer looks at every possible party because one policy may not cover the full loss. This is general information and not legal advice, and no outcome can be predicted from it.