Liability in Car Crash 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 party who may be responsible. An employer, the vehicle owner, a government agency or a parts maker can also play a role. Sorting out who may be legally responsible is an early task for a car accident attorney, since each responsible party may carry its own insurance.

Driver negligence

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, violating a traffic law can be 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 the effect of paying a ticket differs by state. A car crash lawyer 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. 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. 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, such as by renting a car with known brake defects.

When the driver was working

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, because the coverage that applies can depend on whether the app was on and whether a ride had been accepted. A car accident lawyer will usually ask for the employer's policy along with the driver's own.

Road defects and product defects

A missing stop sign, a broken traffic signal or a dangerous road defect may point to a government agency. Claims against public bodies come with 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. NHTSA's recall lookup shows open recalls by vehicle identification number. Some states have dram shop laws https://paxtoncupm075.currentvale.com/posts/rear-end-and-t-bone-collisions-fault-injuries-and-evidence that allow claims against a bar that served a visibly intoxicated driver.

Claims by passengers

Passengers who are hurt may have claims against one 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 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.

Comparative negligence and multiple parties

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 accident attorney 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.