Liability in Auto Accident Claims Explained

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. Identifying every party with legal responsibility is an early task for a car accident lawyer, because each party may have separate 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 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. A car crash lawyer will compare the driver's conduct with the traffic laws of the state where the crash happened.

Owners and rental companies

When the driver borrowed the car, the owner's policy often covers permissive users. 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. A federal law known as the Graves Amendment generally protects them from liability for a renter's negligence, unless the company was negligent itself, such as by renting a car with known brake defects.

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 their own 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 typically request the employer's policy in addition to the driver's.

Road defects and product defects

A broken traffic signal, a missing stop sign or a dangerous road defect may involve 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.

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 https://jeffreywhru081.opalvector.com/posts/how-long-a-car-accident-claim-takes-stage-by-stage in some cases from the passenger's own policy. Certain policies restrict claims between relatives who live in the same household, so the exact policy language matters.

Comparative negligence and multiple parties

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. A car wreck lawyer 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.