Liability in Car Crash 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. 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 traffic citation helps a claim, but fault can be proven without one, 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. 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. 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.
Employers and work vehicles
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 separate coverage questions, because the coverage that applies can depend on whether the app was on and whether a ride had been accepted. An auto accident lawyer will usually ask for the employer's policy along with the driver's own.
Government agencies and manufacturers
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. 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.
When a passenger is hurt
A passenger hurt in a crash may have claims against either 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, so the exact policy language matters.
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 few jurisdictions still follow contributory negligence. States also differ in how fault is divided among several defendants. A car wreck lawyer looks at https://caraccidentlawyers.wiki/topics/damages/ every possible party because one policy may not cover the full loss. This article is general information, not legal advice, and no outcome can be predicted from it.