You shouldn’t be responsible for paying for someone else’s mistake. At Lytal, Reiter, Smith, Ivey & Fronrath, we will help you make sure that the liable party is forced to take responsibility for their actions. We will win you maximum compensation so you can start rebuilding your life. So, who can be sued in a car accident case?
Car accidents are incredibly traumatic events that can alter the course of your life. Minor fender benders to vehicle rollover accidents can cause you great physical and mental distress. The financial costs of recovering from a car accident can be just as damaging, if not more so.
But who can you sue in a car accident case?
Our expert attorneys will help you determine fault so you can direct your claim. While you may assume that only one person can be found liable, several individuals and entities can be sued in a car accident case.
Who is responsible for a car accident?
It is vital to determine who is responsible for a car accident if you want to file a claim for damages. Without an at-fault party, you are unable to file a claim as there is no defendant.
In many cases, the police will be able to find fault at the scene of an accident. For example, if the other driver was impaired behind the wheel, this is a major indicator of fault. However, in some cases, it will be up to you and your car accident lawyer to determine who is responsible for the accident.
At-Fault Driver
The most obvious person who can be sued in a car accident case is the driver who is found to be at fault for the accident. This individual will have caused the accident due to their negligent driving practices, such as:
- Impaired driving
- Exhausted driving
- Reckless driving
- Speeding
- Failing to follow traffic signals
- Distracted driving
Although it may seem simple to sue an at-fault driver, this is not always the case. In many areas, such as Florida, comparative fault laws mean that a driver only has to pay the portion of damages akin to their fault percentage. So if a driver is found to be 60% at fault for the accident, then they only have to pay 60% of the victim’s damages.
Comparative negligence laws result in blame-shifting, where the at-fault driver tries to increase the victim’s fault to lower their own.
A skilled legal professional will be able to prevent this defense and protect your rights.
Product Liability
You can sue for product liability if a faulty mechanical part is the cause of your car accident.
When you purchase a product, you have a reasonable expectation that it will function properly and safely. If it does not, you may be able to sue for product liability. In some cases, this refers to items that do not cause significant harm, such as children’s toys.
In a car accident, product liability can have disastrous consequences. The malfunction of an engine part, the brakes, or tires will make you lose control of your vehicle, potentially causing a crash.
It can be difficult to pursue product liability cases, as they typically involve large corporations. Our team at Lytal, Reiter, Smith, Ivey & Fronrath won’t back down. Call us today to find out how we can help you take on a manufacturer.
Driver’s Employer
If you were involved in a commercial truck accident with an 18-wheeler, the driver may not be at fault. Although they are responsible for driving the vehicle, their employers may actually be the ones to blame.
Trucking companies have been fiercely regulated in recent years to improve road safety, but some still skirt the law. They force their drivers to work overtime, driving while exhausted. They overload vehicles, which increases their risk of rollover and delays their braking time. They may even require drivers to speed to make an overly packed delivery schedule to increase their bottom line.
If any of these occurred, the truck driver would not be the person to sue for your car accident. Instead, you will need to seek damages from the trucking company whose unsafe policies directly caused the accident.
A good way to determine if the employer is at fault versus the driver is to ask: would the driver have been operating in this way if the trucking company’s policies were different?
If the answer is yes, then the driver is likely at fault. However, if the answer is no, then you should have your car accident lawyer pursue a case against the driver’s employer.
Government
In some cases, a government body or entity can be held responsible for your car accident. This occurs when:
- Roads are poorly maintained
- Traffic signals are not installed properly
- City planning has led to unsafe or blind turns on the roads
Taking on a government body shortens the statute of limitations for filing a car accident lawsuit. It is vital to pursue your claim as soon as possible following the accident.
Suing the Party Responsible in a Car Accident
You have a right to damages after a car accident. Hiring a car accident attorney is an important step to help you sue the party responsible in order to get your compensation.
If you or a loved one have been injured in a car accident and you’re not sure who to sue, call us today. We will offer a free, no-obligation consultation to help you determine who is responsible and how best to proceed with your claims.
Our lawyers do not accept any compensation until we have won your case for you. We believe in safer streets for all, which is why we will work for free until we have ensured your victory.
Don’t wait to file your claim. Call Lytal, Reiter, Smith, Ivey & Fronrath today to start the process.
