Who Can Be Held Responsible for an Auto Accident?

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. Sorting out who may be legally responsible is an early task for a car accident attorney, because each party may have separate insurance.

The other 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 treat it as negligence per se. A traffic citation helps a claim, but it is not required to prove fault, and paying a ticket is treated differently from state to state. A car crash lawyer will measure the driver's conduct against the traffic laws 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 https://privatebin.net/?d49e93bc5bb1e47f#AkMEC933E8eSTK6ZDyDiiHBt7PgJdBNqSypHgaQcd8rB face a negligent entrustment claim. Rental and leasing companies are treated differently. A federal law known as the Graves Amendment generally protects them 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.

Drivers on the job

If the driver was acting within the scope of employment, the employer is usually answerable 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 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.

Government agencies and manufacturers

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, 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. NHTSA's recall lookup shows open recalls by vehicle identification number. 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, even the driver of their own vehicle. 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, which makes the wording of the policy important.

How shared fault affects the claim

Most states use comparative negligence, which may reduce a recovery by the injured person's percentage of fault, while a few jurisdictions still follow contributory negligence. How fault is divided among several defendants also varies by state. A car accident attorney 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.