Who Is Liable in a Car Accident?
Most car crash claims begin 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. 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
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, 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 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
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. A federal law known as the https://dantewaae540.almoheet-travel.com/car-accident-statistics-from-nhtsa-data Graves Amendment generally protects them from liability for a renter's negligence, unless the company was negligent itself, for example by renting out a car with a known brake defect.
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 their own coverage questions, because the coverage that applies can depend on whether the app was on and whether 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 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. 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
Passengers who are hurt may have claims against one driver or both, including the driver of the car they were riding in. 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.
Comparative negligence and multiple parties
Most states use 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. An automobile accident 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.