A car accident can be a very traumatic and stressful event. You may be feeling overwhelmed and hopeless. Not only do you have to deal with the physical and emotional aftermath of the collision, but you also have to deal with the legalities as well. You may feel pressured to make heavy decisions quickly, without clear direction.
One of the first questions you have to confront is: Who can be sued in a car accident case? Knowing this is key to your fast recovery.
Act fast to get help with your claim by calling Gould Injury Law. Our legal team can review the facts of your case and advise every step of the way. When you entrust “The Fast Firm” with your case, we will work tirelessly to get you the best possible results to make your recovery easier.
Our team is aggressive when it comes to protecting your interests because we view you as our priority. Our personal injury car accident lawyers are dedicated to your success. Do not leave your recovery to chance. Call 888-WIN-FAST now or complete the contact form to get started.
Who Can Be Sued in a Car Accident Case?
If you have been in a car accident, you may be wondering who can be sued. The answer depends on the circumstances of the accident and the severity of the injuries. There are sometimes several parties that can be held responsible.
The best way to determine who can be sued in your car accident case is to speak with the fast-working personal injury lawyers of Gould Injury Law. We can review the details of your case and advise you on your best course of action. Please keep reading to learn more about who can be held liable in a car accident case and how we can help you.
The Parties That Can Be Sued in a Car Accident Case
If you have collision coverage, then your insurance should pay for your repairs regardless of who was at fault for the accident. However, there are a few different parties that can be sued in a car accident case.
For example, you may be able to sue the other driver, the manufacturer of the car, or even a local government entity. It all depends on the specifics.
The “At-Fault” driver
In most car accident cases, the driver who caused the accident will be held responsible for the damages. This is known as being “at fault.” The at-fault driver will usually have to pay for your driver’s damages, including medical bills, property damage, and lost wages.
There are some exceptions to this rule. For example, under jurisdictions that enforce “comparative negligence”, if one driver ran a red light and hit another driver who was speeding, then both drivers would likely be found at fault and have to share payment for their damages.
The owner of the other driver’s car
If you are in an accident and the other driver is at fault, you might assume that you can sue the other driver and their insurance company for damages. However, what if the other driver was not uninsured or underinsured at the time of the collision? In these cases, you might be able to sue the owner of the car.
The owner of the car, or the driver, can be held liable in a few different ways:
- The owner knew that the driver did not have insurance but let him or her drive anyway
- The owner lent a car to a friend or family member knowing that the person was not legally able to drive
- The owner knew the at-fault driver had a consistent history of dangerous or intoxicated driving
In some circumstances, even if the owner had no idea that the car was in the possession of an irresponsible person, the owner can still be held responsible if the other driver was borrowing the car with permission.
The mechanic who repaired your car
One of the parties you may consider suing is the mechanics who repaired your car. For example, perhaps they failed to properly fix a mechanical issue with your car that resulted in the accident. If such negligence led to your accident, they could be held liable.
To sue the mechanics who repaired your car, you will need to prove that their negligence was a direct cause of your accident. This can be difficult to do without expert testimony or detailed knowledge of car repairs.
However, if you can prove that the mechanic’s negligence was a factor in your accident, you may be able to recover damages from that party. Having a lawyer who is familiar with handling car accident cases like yours and understands relevant laws can improve your potential settlement.
The Employer of the At-Fault driver
If the at-fault driver is an employee of a company or organization, then that company or organization can be held liable for injuries and damages sustained in an accident. This is because employers are held responsible for the actions of their employees.
In order to hold an employer liable, it must be shown that the employee was acting within the scope of his or her employment when the collision occurred. For example, if an employee was driving a company car for work-related purposes and got into an accident, the company would be liable.
However, if the employee was driving his or her own car and got into an accident, the company would not be liable.
How to Prove Liability in a Car Accident Case?
Here are a few different ways that your lawyer can help you to prove liability:
- Look at the police report from the accident. This will usually contain information about who was at fault for the accident.
- Review video footage or any photos you took of the accident, if there is any available. All of this evidence can be used to help prove that the other party was liable for the accident.
- Examine any witnesses to the accident and see what they have to say about who was at fault.
Once liability is proven, you will also need to show that you suffered damages as a result of the accident. This can be done by presenting medical bills, lost wages, and other documentation. There are different types of damages that can be recovered in a car accident case.
The Centers for Disease Control and Prevention reports that on average, Americans spend a staggering 1 million days each year in the hospital due to car accidents. Roughly 2.5 million Americans went to the emergency department (ED) for crash injuries in 2012 and almost 200,000 of them were subsequently hospitalized.
However, expenses for immediate medical care may not be the only type of damage that you are eligible to recover.
Other recoverable damages may include:
- Property damage, including vehicle damage
- Long-term medical care expenses, including therapy
- Lost wages due to inability to work
- Punitive damages
You may also be eligible to recover pain and suffering damages. This is a category of non-economic damages meant to compensate you for any physical pain and emotional suffering caused by the accident and your injuries.
Of course, each case is unique and the damages you can recover may vary depending on the circumstances of your case. Depending on the legal course you pursue, different time limitations to file a claim may apply, so you must act fast to protect your interests. Start by calling Gould Injury Law right away.
The Statute of Limitations for Filing a Car Accident Lawsuit
Depending on the circumstances of your car accident and the legal course you want to pursue, different statute of limitations may apply. The most common type of car accident is a personal injury accident, which is when someone is injured as a result of another person’s negligence.
The statute of limitations for filing a personal injury lawsuit, in most states, is 2 years from the date of the accident. When these limits expire, you are no longer able to pursue a claim even if your case is valid so you must act fast to file a claim.
Come talk to us before it’s too late. The personal injury attorneys of Gould Injury Law can help you understand your legal options and work fast to make sure that your case is filed on time.
Gould Injury Law Can Help You Get Fast Results After Your Car Accident
We hope that you now have a better understanding of who can be sued in a car accident case. There are a lot of factors to consider when deciding how to handle your case since the circumstances of every case are unique. With so many factors to consider and time passing fast, it’s easy to become confused or overwhelmed.
Our legal team at Gould Injury Law invites you to contact us as soon as possible to discuss your case in greater detail. Our knowledgeable attorneys can assist you in navigating the legal system. When we take on your case, we will work fast to give you the best chance of receiving a proper settlement.
We are aggressive in our pursuit of the best possible outcome for your case because we care about you. You deserve compensation for your suffering and damages. Call 888-WIN-FAST now or complete the contact form to see what we can do for you.
