When you’re involved in a car crash, determining who to hold responsible isn’t always a clear decision. The personal injury attorneys at Clear Counsel Law Group often get questioned about who to sue. In a common crash you might want to sue the driver at the time, the owner of the vehicle, the company employing them (if they were on duty at the time), or even the vehicle’s manufacturer. The answer can be multiple entities and depends on several factors. Underlying this decision is the legal concept of responsibility, known as tort.
Who is Responsible in a Car Crash?
Tort, as a legal term, covers both versions of the term responsibility. That is, it is who does the wrongful act and the burden of not doing that act. Drivers have a responsibility to drive responsibly, for instance. Figuring out who is responsible is why investigations are conducted and sometimes litigation goes to court.
Generally speaking, in car crashes typically it’s the negligent or reckless driving of another that caused the crash. Establishing who committed the tort is key to determining who is legally responsible for the damages caused by the accident.
Suing the Driver
- Primary Responsibility: In most car crashes, the driver of the vehicle is the primary party responsible. This responsibility is based on the premise that the driver’s actions or negligence led to the crash.
- Exceptions: There are exceptions where the driver might not be held responsible, such as mechanical failures of the vehicle that were not due to the driver’s negligence. This tends to point to a manufacturer, be it of a part or the whole vehicle.
Suing the Owner or the Insured
- Owner vs. Insured: The owner of the vehicle might be different from the person insured to drive it. The owner might have an insurance policy that covers any driver, or the policy might only cover specific named drivers.
- Insurance Coverage: In most cases, the insurance policy covers the driver’s liability. This means that when a crash occurs, the insurance company typically steps in to pay for damages up to the policy’s limit. This reduces the need to sue the vehicle owner directly, as the insurance policy often provides the primary source of compensation for the injured party.
When is the Vehicle Owner Liable?
Employers Liability
- Respondeat Superior: This Latin-root legal term means the employer is responsible for the actions taken by employees. If an employee causes a crash while performing work-related duties, the employer can be held liable.
- Scope of Employment: This principle applies when the employee is acting within the scope of their employment. This element helps to clarify in incidents like an Uber crash, where the car owner is different than the employer.
Negligent Entrustment
- Unsafe Drivers: If you knowingly lend your car to someone who is drunk or generally an unsafe driver, you could be held responsible for any accident they cause.
Family Responsibility Act
- Household Members: In Nevada, if you lend your vehicle to a household member and they cause an accident, you can be held responsible regardless of other factors.
The Role of Insurance in Car Crash Claims
Insurance plays a crucial role in resolving car crash claims. Here’s how:
- Paying for Damages: After an incident, the at-fault driver’s insurance policy usually pays for damages. This includes property damage, medical bills, and sometimes, compensation for pain and suffering.
- Settlements: Many car crash claims are settled through the insurance companies without the need for a lawsuit. The insurance company and the injured party negotiate a fair settlement based on the damages and policy limits.
- Legal Representation: If a lawsuit is filed, the insurance company typically provides legal representation for their insured driver.
Deciding to Sue
It isn’t always the best course of action to sue in a car crash case. Ideally, the goal is to resolve the claim without resorting to litigation. This is preferred because it can be less time-consuming, less stressful, and generally less expensive than going to court. Getting compensation without suing typically involves negotiating with the insurance companies to reach a settlement that fairly compensates for the damages incurred.
However, there are situations where legal action becomes necessary. If the insurance company refuses to offer a fair settlement, or if there is a dispute over who is at fault, suing might be the only way to get adequate compensation. In these cases, you need to be ready to take legal action. Being prepared to sue means having all the necessary documentation and evidence to support your claim, and being ready to engage in the often lengthy, complex process of a legal battle.
In either scenario, whether settling outside of court or pursuing litigation, it’s beneficial to have expert legal advice from a personal injury attorney that knows about your case and can work to ensure the best possible outcome.
Act with Confidence
Determining liability for car crashes involves more than just identifying who was driving. It’s essential to consider various legal principles, such as respondeat superior, negligent entrustment, and the Family Responsibility Act. If you find yourself in such a situation, consulting with an attorney from Clear Counsel Law Group can provide the guidance and support you need.