Liability in Car Accident Claims Explained
Most car crash claims start 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. Identifying every party with legal responsibility is an early task for a car accident lawyer, because each party may have separate 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 apply 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. An auto accident attorney will measure the driver's conduct against the traffic laws where the crash happened.
The vehicle owner
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 https://charliesppp188.wpsuo.com/car-accident-statistics-from-nhtsa-data company itself was negligent, such as by renting a car with known brake defects.
Drivers on the job
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 cover delivery drivers, sales staff and others who drive as part of the job. 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.
Road defects and product defects
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. When a defective tire, brake or airbag contributed to the crash or the injuries, the manufacturer can face a product liability claim. NHTSA's recall lookup shows open recalls by vehicle identification number. 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. 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 use comparative negligence, which can reduce a recovery by the injured person's share 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 article is general information, not legal advice, and no outcome can be predicted from it.
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