Liability in Auto Accident Claims Explained
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. Finding every responsible party is one of the first jobs of an auto accident lawyer, since each responsible party may carry its own insurance.
Driver negligence
Negligence asks whether a driver failed to act with 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 treat it as 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. A car accident attorney will compare the driver's conduct with the traffic laws of https://charlieewuz281.brightsora.com/posts/how-uninsured-motorist-coverage-pip-and-medpay-work-after-a-car-accident the state where the crash happened.
The vehicle owner
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 a special case. 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.
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 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 car accident lawyer will typically request the employer's policy in addition to the driver's.
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 cities, counties and states face special immunity rules and short notice deadlines, and those rules vary by state. If a defective tire, brake or airbag contributed to the crash or the injuries, the manufacturer may 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.
When a passenger is hurt
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 sometimes from the passenger's own policy too. 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 apply 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. An automobile accident 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.