Who Is Liable For Your Car Accident? Maybe More People Than You Thought

Let’s say that you are in a car accident. The obvious liable party, and the party you’d most think of suing, would be the other driver, the negligent driver that caused the accident. And that’s correct, and smart.

But have you ever given thought to other parties that could have contributed to your accident? It turns out that in what would seem like an “ordinary” car accident case, there may be other possible Defendants who may have to compensate you for your injuries.

Negligent Entrustment

Many times vehicles are titled in multiple names, or, the person who owns the vehicle that negligently caused your accident, isn’t the same person that actually owns the vehicle.

Anytime someone uses a car carelessly, and causes an accident, the actual owner can also be sued, under a theory called negligent entrustment. Even if the actual owner didn’t want the person driving the car to at carelessly, and even if the owner had no idea or no reason to think that the person driving the car would be careless, the actual, legal owner, is also liable, and can be sued, along with the driver, for causing the accident and your injuries.

Suing Employers

When an Amazon truck hits us, we know to sue Amazon. It’s right there, in huge letters on the side of the truck.

But more often, corporate vehicles are not large trucks with corporate symbols on them. Any time someone is using a vehicle for work purposes, and using the vehicle in furtherance and in the course and scope of their jobs, the employer can also be sued, under vicarious liability theories.

Respondeat superior is a legal term that makes employers liable for the negligent acts that their employees commit. So, even when it looks like just a common vehicle hit you, an inquiry should always be made, to see if the car was owned by a company, and to see if the driver was working, while he or she was using the car.

Obstructions in the Road

Ever hear of an accident that’s caused because someone could not clearly see the path of oncoming traffic? Often, this is because of hazards or obstructions that are caused by landowners, who put or allow objects on their property, that obstruct clear views of traffic.

In more residential areas, land owners may allow trees or greenery to become overgrown and to block the view of traffic.

Sometimes, there are government actors, such as when the government is doing construction work, or when there may be roadward going on, and the cones and work vehicles make it difficult to see, and to avoid oncoming traffic.

Mechanical Issues

We all have an obligation to keep our vehicles in good, working order. But cars do malfunction. Sometimes, our own cars are the culprit—for example, imagine you’re in what should be a minor car accident but you’re severely injured because the airbag in your car improperly deploys.

In these cases, you may have a lawsuit for a defective product in addition to your negligence suit against the other driver.

Who is liable for your injury and accident? We can help you figure that out. Contact our Rhode Island injury lawyers at Robert E. Craven & Associates at 401-453-2700 today for help.

Sources:

forbes.com/advisor/legal/personal-injury/respondeat-superior/#:~:text=Respondeat%20superior%20is%20a%20Latin%20phrase%20meaning%20%E2%80%9C%E2%80%8B%E2%80%8Blet,by%20staff%20members%20or%20agents.

docs.lib.purdue.edu/cgi/viewcontent.cgi?article=3173&context=roadschool