Liability in Car Accident Claims Explained

Who Is Liable in a Car Accident?

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, since each responsible party may carry its own insurance.

Driver negligence

Negligence asks whether a driver failed to act with 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 apply negligence per se. A traffic citation helps 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 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. 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 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

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. An auto accident lawyer will usually ask for the employer's policy along with the driver's own.

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 cities, counties and states face 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. 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

A passenger hurt in a crash may have claims against either driver or both, even the driver of their own vehicle. 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, so the exact policy language matters.

Comparative negligence and multiple parties

Most states use comparative negligence, which may reduce a recovery by the injured person's https://tysondjnb303.novacrestiq.com/posts/how-to-choose-a-car-accident-lawyer percentage of fault, while a small number still apply contributory negligence. States also differ in how fault is divided among several defendants. 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 it cannot predict how a claim will turn out.