Who Is Liable in a Car Crash?

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. Identifying every party with legal responsibility is an early task for a car accident lawyer, because each party may have separate insurance.

Claims against the driver

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 citation can help a claim, but fault can be proven without one, and paying a ticket is treated differently from state to state. A car 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. 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 was negligent itself, such as by renting a car with known brake defects.

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 https://caraccidentlawyers.wiki/reference/pain-and-suffering/ and a ride had been accepted. A motor vehicle accident attorney will typically request the employer's policy in addition to the driver's.

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 cities, counties and states face special immunity rules and short notice deadlines, which 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. Some states have dram shop laws that allow claims against a bar that served a visibly intoxicated driver.

When a passenger is hurt

A passenger hurt in a crash may have claims against either driver or both, including the driver of the car they were riding in. Coverage can come from the policy on the car the passenger rode in and 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.

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 few jurisdictions still follow contributory negligence. States also differ in how fault is divided among several defendants. A car accident attorney 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.