Who Can Be Held Responsible for an Auto Accident?

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. 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, since each responsible party may carry its own insurance.

Driver negligence

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, violating a traffic law can be evidence of negligence, and some states treat it as negligence per se. A citation can help a claim, but fault can be proven without one, and the effect of paying a ticket differs by state. An auto accident attorney will compare the driver's conduct with the traffic laws of the state where the crash happened.

The vehicle owner

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 a special case. A federal law known as the Graves Amendment generally protects them from liability for a renter's negligence, unless the company was negligent itself, 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 https://franciscoivgh698.oakmontscope.com/posts/how-crash-reports-and-dashcam-video-shape-a-car-accident-claim crashes raise their own coverage questions, since the available coverage can depend on whether the app was on and a ride had been accepted. An auto accident lawyer 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.

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 sometimes from the passenger's own policy too. 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 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.