Liable Parties in Car Accident Cases
After someone is involved in a car accident, they may naturally think about how they can recover money in order to pay for the pain and suffering they experienced from the collision. In numerous instances, individuals can obtain insurance benefits to pay for medical costs and other expenses suffered from the car accident, and in certain situations, individuals can file a lawsuit in order to hold responsible parties liable for the injuries they caused. Generally, the liable parties in car accident cases break down into a few different categories depending on the type of incident and the people and businesses involved.
Drivers
The driver of the car that caused a collision is the most obvious of the liable parties in a car accident case. In order to hold this person responsible, the party filing the suit needs to prove that the driver did not act as a reasonably prudent person when operating a vehicle, and that because of this conduct, the party filing the lawsuit suffered injuries. In certain instances, it is more clear-cut whether a driver will be held liable for an accident like if a car was rear-ended by another vehicle, or if a driver was operating a vehicle while intoxicated. However, in many instances, the jury will have to determine if the driver is at fault for an accident, and accordingly, should pay damages to the party that filed a lawsuit.
Owners
The owner of the car that caused an accident may also be another one of the liable parties in a car accident case. Sometimes, the law requires owners to entrust their vehicles to people they believe will be safe drivers. If owners violate this duty, they can be held liable for all of the damages that are caused by the negligent driver. Different states have different standards when it comes to the liability of car owners. In some states, owners are more closely responsible for the acts committed by drivers of their vehicles. In other states, individuals may need to prove that drivers were acting as an agent of the owner in order to input responsibility to the owner. Because of the nuanced differences in the laws of each state, it is important to speak with an experienced lawyer to ensure that all theories are being advanced to hold responsible parties liable for an accident.
Employers
Another class of the liable parties in car accident cases is the employer of someone who is responsible for causing a car accident. Employers can be responsible for the acts of employees in a variety of ways. If an employee commits a harm in the course of their employment the employer can be liable for the harm. In addition, an employer can be responsible for failing to properly supervise an employee or failing to use good procedures when vetting employees to work for a company.
Many types of employers can be responsible in car accident cases. For instance, messenger services can be responsible for car accidents caused by messengers and restaurants can be liable for food-delivery people that they hire. The employer of a driver can usually be identified by the uniform of the driver or logos on a vehicle they drive, and individuals should pay attention to clues about what company is responsible for the acts of a driver.
Ride-Sharing Companies
Ride-sharing companies like Uber and Lyft may also be among the liable parties in car accident cases. Ride-sharing companies may be deemed to be responsible for the acts of a driver who is operating on a ride-sharing platform just like an employer is oftentimes liable for the acts of employees. In addition, ride-sharing companies have a duty to vet drivers for ride-sharing platforms and ensure that they will drive safely. If ride-sharing companies do not have the proper procedures in place to hire and supervise employees, they may be held liable for negligence.
It is oftentimes difficult for an injured person to know if the driver of another car was operating on a ride-sharing platform at the time a collision occurred. If the driver of the other car had a passenger in the back seat, this could be a good sign that the driver was operating on a ride-sharing platform when the accident occurred. In addition, some ride-sharing drivers have logos on their cars of the ride-sharing platform they are operating on, but this can be deceiving, since drivers may be operating such a vehicle without being engaged with a ride-sharing platform. Accident reports may also specify if the driver of the liable car was operating on a ride-sharing platform at the time of the accident, but this might vary from jurisdiction to jurisdiction. It should be noted that ride-sharing platforms may have specific subsidiaries that are responsible for the acts of driver and which should be sued in a case. An experienced car accident lawyer should be able to find out if a driver was operating on a ride-sharing platform and which subsidiary should be sued.
The Rothman Law Firm is experienced with all types of car accident lawsuits, representing both plaintiffs and defendants. If you are looking for an experienced New York and New Jersey lawyer to handle your car accident lawsuit or other legal issue, please feel free to contact The Rothman Law Firm to request a free consultation.