Car accidents are unfortunate realities that can happen at any time. They often lead to significant physical, emotional, and financial pain for the individuals involved. Fortunately, victims of car accidents have legal recourse to recover damages for their injuries, property damage, and other losses.
Understanding who you can sue after a car accident and the steps involved in filing a compensation claim is crucial for navigating the post-accident process effectively. After a collision, a car accident attorney can evaluate your case to determine how best to pursue fair compensation, which can involve filing a lawsuit.
Common Causes of Car Accidents
Before understanding who you can sue, it is essential to understand the common causes of car accidents. Recognizing the underlying causes can help identify the responsible party and support your case for compensation. Some of the most frequent causes of collisions include:
Distracted Driving
Distracted driving is one of the leading causes of car accidents. It refers to any activity that diverts attention from driving, including taking your eyes off the road, hands off the steering wheel, and mind off the task at hand. Common distractions include texting, talking on the phone, eating, adjusting the radio, or talking to passengers.
The National Highway Traffic Safety Administration (NHTSA) reports that distracted driving is a factor in numerous accidents, often leading to severe injuries and fatalities. In a recent year, over 3,000 individuals were killed in accidents caused by distracted driving.
Drunk Driving
Driving under the influence of alcohol or drugs impairs judgment, reaction times, and coordination, making it a dangerous cause of accidents. Drunk driving accidents often result in severe injuries or even fatalities.
If you are involved in a collision caused by a drunk driver, the intoxicated driver may be liable for damages. Additionally, in some states and under certain circumstances, third parties that supplied the driver with alcohol, like bartenders and alcohol vendors, may share responsibility under the Dram Shop Act.
Speeding
Speed limits are set at a certain number for a reason, depending on the road and conditions. Violating the speed limit can have severe consequences for the driver and others in the surrounding area.
Excessive speeding reduces a driver’s ability to react quickly to sudden changes in traffic conditions or obstacles. Speeding also increases the severity of crashes, making injuries more likely to be catastrophic or fatal.
Reckless or Aggressive Driving
Aggressive driving behaviors can lead to accidents, such as tailgating, road rage, weaving in and out of traffic, and failing to yield the right of way. These actions create an environment of danger on the road, and the driver engaging in such behaviors can be held responsible for resulting collisions.
Additionally, reckless driving is against the law in certain states, which can also result in criminal repercussions for the responsible driver.
Hazardous Road Conditions
Road conditions can play a part in causing accidents. Potholes, uneven roads, road debris, and poor lighting can all make it more difficult for drivers to drive carefully, resulting in collisions. When dangerous road conditions cause crashes, the governmental entities or parties responsible for road maintenance may be liable.
Drowsy Driving
Fatigue can have similar effects on driving as alcohol impairment. Drowsy drivers may have slower reaction times, reduced awareness, and poor judgment. In a majority of cases, the driver is held responsible for an accident caused by their lack of attention due to sleep deprivation.
Running Red Lights or Stop Signs
Disregarding traffic signals or signs is another common cause of accidents. Drivers who run red lights or fail to stop at stop signs often collide with other vehicles, leading to severe collisions. These drivers can be held accountable for causing such crashes and may face criminal penalties for violating the law.
Faulty Vehicle Parts
Sometimes, a car accident can be caused by a mechanical failure or defective part, such as faulty brakes, worn-out tires, or malfunctioning airbags. In these cases, the driver may not be liable if they cause an accident, and the parties responsible for the defect or malfunction may be held accountable.
Who Can You Sue After a Car Accident?
After a car accident, determining who to sue depends on the case’s specific facts. Generally, there are several potential defendants who can be held responsible for your injuries and property damage. The following are some of the parties that are often sued after car crashes:
The Other Driver
The other driver involved in the crash is the most common defendant in a car accident lawsuit. If the other driver was negligent – for example, by speeding, driving under the influence, or driving while distracted – they may be held liable for the accident. This is typically the first party to consider when pursuing a claim.
To sue the other driver, you will need to prove that their actions were the cause of the collision and that you suffered damages as a result. Negligence laws vary by state, but most require that you show the other driver owed you a duty of care at the time of the accident, that they breached that duty, and that they caused your injuries and damages.
The Employer of the Negligent Driver
If the at-fault driver was working at the time of the accident – for example, a delivery driver or truck driver – you can sue the driver’s employer under the legal doctrine of “respondeat superior.” This doctrine holds employers responsible for the actions of their employees while they are on the job.
In these cases, you may pursue a claim against the employer and the individual driver. Employers generally carry higher levels of insurance, which can increase your chances of receiving compensation.
The Vehicle Manufacturer
When the cause of the accident is a defect in the vehicle, such as faulty brakes, defective airbags, or a problem with the vehicle’s design, you can sue the manufacturer of the defective vehicle. In some cases, other parties may also share responsibility, including the product designer and retailer. This is known as a product liability claim.
Product liability claims can be complex and may involve allegations of strict liability, negligence, or breach of warranty. If you decide to pursue this type of lawsuit, you will need to work with an experienced attorney who can establish that the defect was the direct cause of the collision.
The Government
In some situations, accidents occur because of road hazards, like poorly maintained roads, damaged traffic signals, or other infrastructure issues. If a government agency was responsible for maintaining the road or ensuring its safety, you can sue the local, state, or federal government for damages from dangerous road conditions.
However, suing the government for an accident caused by road maintenance issues can be more complicated due to sovereign immunity laws, which provide government entities with some protection from lawsuits. These cases often require showing that the government was negligent in maintaining the road or failed to address a known hazard, and procedures often vary greatly from other types of claims.
A Third Party
Sometimes, accidents occur in locations such as parking lots or construction zones, where a third party – like a property owner, contractor, or business – may be partially at fault.
For example, if a parking lot has poor lighting, faulty signage, or unclear lane markings, the property owner may be held liable for accidents that occur on their property. Similarly, construction zones with inadequate safety measures or signage can lead to accidents that are the construction company’s fault.
In these cases, you may have grounds to sue the responsible third party. A car accident attorney can review the specifics of your case to determine who you can hold liable for your collision and resulting damages.
The Insurance Company
In many cases, you’ll begin your journey toward compensation by filing an insurance claim. Ideally, after an investigation, the insurance company would accept your claim and pay you based on the value of your claim. However, it’s not always straightforward, and the insurance company may refuse to settle fairly. Your car accident lawyer may recommend proceeding with a personal injury lawsuit when this happens.
Steps to Take After a Collision to Seek Fair Compensation
After an accident, taking the right steps is essential for securing the compensation you deserve. The following can help you understand what to expect and navigate the process of filing a compensation claim:
Get Medical Attention
Regardless of how you feel after an accident, seeking medical attention right away is essential. Some injuries, like whiplash or internal injuries, may not show symptoms immediately after the event. Getting proper medical care is important for your well-being, and a medical record documenting your injuries is crucial for future legal claims.
Gather Evidence
After the accident, gather as much evidence as possible. It includes:
- Photos and videos of vehicle damage and visible injuries
- Witness contact information
- Copies of your police report whenever it becomes available
- Names, contact details, and insurance information of all parties involved
Evidence can help your lawyer in their investigation. Throughout your case, your attorney will gather more evidence to build and strengthen your claim.
Contact Your Insurance Company
Notify your insurance company about the accident as soon as possible and provide them with all the necessary information. Waiting too long to report your accident to your insurer can have negative impacts on your claim, so contacting them as soon as possible is key, even if you are not at fault for the collision.
Consult a Car Accident Lawyer
An experienced car accident attorney can help determine who to sue, guide you through the legal process, and ensure you pursue the maximum compensation for your injuries. They can also handle negotiations with insurance companies and represent you in court if necessary.
File an Insurance Claim
As mentioned, filing an insurance claim is often the first step toward seeking financial recovery. Your car accident lawyer can help gather all the required information and properly file an insurance claim in hopes of securing fair compensation. Based on the outcome of your claim, this may be the end of the road, or you may need to take further legal action.
File a Lawsuit (If Necessary)
If a settlement cannot be reached, the insurance claim is denied, or the at-fault party is not insured, you may need to file a lawsuit. Your attorney can help prepare the necessary legal documents, file your lawsuit, and represent you throughout the process to pursue the compensation you’re entitled to.
Settlement or Trial
Most car accident cases are resolved through settlements before reaching trial. Your attorney will negotiate with the other party’s insurance company or legal team to agree on a fair settlement. If an agreement cannot be reached, the case may go to trial, where a judge or jury will determine liability and damages.
The Importance of Having Legal Representation
Hiring legal representation is one of the most important steps if you’re involved in a car accident. Having an attorney on your side throughout your case can make all the difference in your experience and outcome.
An experienced lawyer has the skills, tools, and resources to efficiently handle your claim and provide the highest quality representation. When you have an attorney, you can feel confident knowing your claim is in the right hands and your lawyer will steer you in the right direction.
Time is limited to take action following a collision. Consult a car accident attorney to begin working on your claim as soon as possible.
A Car Accident Attorney Can Help Pursue Fair Financial Recovery on Your Behalf
A car accident can not only affect you physically and emotionally but also monetarily. When you’re hurt in a car accident, you shouldn’t have to carry all of the unforeseen financial burdens on your own. Depending on the circumstances of your case, you may benefit from filing a lawsuit to secure a favorable financial recovery.
Following a collision, rely on a skilled personal injury lawyer. An attorney can thoroughly investigate your case to determine who you have the right to take legal action against and represent your best interests to obtain just compensation.