Liability in Car Accident Claims Explained

Who Is Liable in a Car Accident?

Most car crash claims start with the other driver, but the driver is not always the only responsible party. 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, 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 fault can be proven without one, and the effect of paying a ticket differs by state. An auto accident attorney 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 itself was negligent, 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.

Other parties that may share fault

A broken traffic signal, a missing stop sign or a dangerous road defect may involve a government agency. Claims against public bodies come with 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. 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

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. Certain policies restrict claims between relatives who live in the same household, so the exact policy language matters.

Comparative negligence and multiple parties

Most https://gunnermhqb465.meridiannest.com/posts/what-to-expect-from-the-insurance-adjuster-after-a-car-accident-2 states apply comparative negligence, which can reduce a recovery by the injured person's share 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 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.