Whom to Sue in a Car Accident Lawsuit
Car accidents arise from a variety of causes, and identifying every party that shares legal responsibility can be critical. Different jurisdictions apply different rules, and some states follow no-fault systems that limit who can be sued and under what circumstances. While many collisions result from a driver’s error, other individuals or entities may also be held responsible. Determining fault can involve analyzing police reports, photographs, witness statements, and other evidence. Statutes of limitations often apply, so it is necessary to be aware of strict deadlines that may limit the time to pursue legal action.
Negligent Drivers
Most car accident lawsuits focus on the driver whose careless actions caused the crash. Negligence involves failing to exercise reasonable care, which includes obeying traffic laws and paying close attention to road conditions. In many states, a violation of a safety law can be treated as negligence per se, meaning negligence may be presumed when a driver breaks a statute designed to protect public safety. In some collisions involving multiple vehicles or chain reactions, multiple drivers may be at fault, which can provide access to additional insurance policies.
Vehicle Owners
A vehicle owner who permits an unfit individual to operate the vehicle may be held liable under the legal theory of negligent entrustment. This theory requires showing that the owner gave the driver permission and either knew or reasonably should have known that the driver posed a risk. Examples of unfit drivers include those with a record of reckless driving, repeated DUIs, or a medical condition impairing safe operation of a vehicle. Liability in these cases does not depend on whether the owner was present at the time of the collision.
Employers
If a driver causes an accident while performing job duties, the employer might be liable under the doctrine of vicarious liability. For instance, a delivery driver who runs a red light while on a delivery route can expose the employer to a lawsuit. However, daily commutes usually fall under the “going and coming rule,” which generally excludes employers from responsibility for accidents during the normal trip to and from work. Employers can also be held directly liable for their own negligence if careless hiring or inadequate supervision contributed to the crash.
Manufacturers and Sellers
Some accidents result from a mechanical, design, or marketing defect rather than driver error. In these situations, product liability law may allow claims against the manufacturer, parts supplier, distributor, or dealership. Such claims often rely on strict liability, under which the injured person need not prove carelessness if the product was defective in design, manufacture, or labeling. A design defect affects an entire product line that is inherently unsafe. A manufacturing defect occurs during assembly of a specific vehicle or part. A labeling or marketing defect arises when a product lacks warnings or instructions about known dangers.
Auto Shops
If an improperly performed repair leads to a crash, the repair shop may be responsible. This can arise if the shop uses defective replacement parts or fails to follow standard procedures. An example is a mechanic who does not properly tighten lug nuts, causing a wheel to detach later. Proving this claim often involves showing that the repair work was undertaken negligently and directly contributed to the mechanical failure.
Government Entities
In certain circumstances, an unsafe road condition can cause or worsen a car accident. Poorly maintained roads, deep potholes, missing or obscured traffic signs, and dangerous roadway designs can result in collisions. Government entities generally have sovereign immunity, which means they often cannot be sued, but many states have waived immunity for specific claims involving harmful conditions on their roads. Laws often require that notice of the claim be filed within a much shorter period than the standard statutes of limitations for personal injury lawsuits. Many jurisdictions also place limits on the damages recoverable from a government body.
Private Property Owners
Sometimes a hazardous condition on private property that is adjacent to a road can lead to a crash. Overgrown vegetation, such as bushes obscuring a stop sign, can create sight-line issues for drivers. A poorly maintained driveway spilling loose gravel onto a public roadway can also pose a danger. Under premises liability principles, an owner may be held responsible for not correcting an unsafe condition when the owner knew or reasonably should have known about it.
Shared Fault and Its Impact on Recovery
In many collisions, multiple parties bear some degree of fault. Different approaches govern how an injured person’s own negligence affects legal claims. In a contributory negligence system, used in a small number of states, even being one percent at fault can bar recovery entirely. Most states follow a comparative negligence model, which reduces a claimant’s financial award in proportion to their percentage of fault. Some states use a pure comparative approach, allowing recovery even if a party is mostly at fault. Others have a modified comparative system, setting a threshold (often 50 or 51 percent) at and above which an injured person cannot recover any damages.
