Who Is Liable in a Car Accident?

Who Is Liable in a Car Crash?

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, because each party may have separate insurance.

Driver negligence

A negligence claim asks whether https://hectorslcz758.quantlynix.com/posts/nhtsa-car-crash-statistics-on-speeding-and-drunk-driving a driver failed to use 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 treat it as negligence per se. A citation can help a claim, but fault can be proven without one, and paying a ticket is treated differently from state to state. An auto accident attorney will compare the driver's conduct with the traffic laws of the state where the crash happened.

Owners and rental companies

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 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.

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 cover delivery drivers, sales staff and others who drive as part of the job. Rideshare crashes raise their own coverage questions, since the available coverage can depend on whether the app was on and a ride had been accepted. An auto accident lawyer 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. 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. Some states have dram shop laws that allow claims against a bar that served a visibly intoxicated driver.

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 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. 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 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 looks at every possible party because one policy may not cover the full loss. This is general information and not legal advice, and it cannot predict how a claim will turn out.