When filing a car accident claim, you may not know who to sue, perhaps due to the involvement of more than one party. However, there are many people who can be blamed for a car accident, depending on how it occurred.
1. The careless driver
Driver mistakes are a major cause of car accidents. The top four causes of crashes in the U.S. are distracted driving, speeding, drunk driving, and reckless driving. There is a very high likelihood that a negligent driver has caused the accident you are involved in.
Fault finding is done by lawyers and insurance companies of the involved parties, and settlements are determined based on the findings. If you have been involved in an accident due to the carelessness of another driver, you should talk to a car accident lawyer like this New Jersey law firm to help you file a car accident claim.
2. The owner of the car
In some states, you can file a compensation claim against both the driver and the owner of the vehicle when the two are different. For instance, when an employer lets an employee use the vehicle after working hours, a law under the dangerous instrumentality doctrine places liability on the employer regardless of the agreement between the two as regards how the vehicle would be used.
3. The spouse or resident relatives of the reckless driver
When the at-fault driver is underinsured or doesn't have bodily injury liability insurance, you can file a claim against their spouse or resident relatives.
4. Driver's employer or agency
If the driver was performing their employee duty when the accident happened, their employer could be liable for the accident. This, depending on state laws, may depend on whether or not the driver was driving their car. The employer might not be liable if the accident happened while the driver was going home or coming from work.
With regards to ridesharing companies such as Uber and Lyft, the company may only pay you if the accident resulted from the negligence of 'their' driver.
5. Manufacturer of vehicle
A victim of an accident caused by a fault in the car or the tires can file a defective product claim against the car or tires' manufacturer.
6. Driver's parents
You could make a claim against the parents of a minor if they signed the driver's license or instruction permit application. However, note that you can encounter problems if the parent is underinsured. Keep this in mind when looking for a lawyer to file a claim or lawsuit for you. Whoever you hire should be well acquainted with the state laws, so when there is a case of underinsurance, they know what coverage to pursue next.
7. Workers' compensation
Drivers or passengers who sustain an injury while doing their job can make a workers' compensation claim.
Endnote
If you are not responsible for a car accident, it means someone else is. It is your job to identify the at-fault party and file a claim with their insurer. Seasoned car accident lawyers can navigate the knotty legal procedures on your behalf and get you a decent compensation.
