After a car accident, you may feel overwhelmed by injuries, vehicle damage, and insurance communications. Seeking compensation is important, but determining who’s responsible can be confusing.
This guide explains accident liability, how to identify the at-fault driver, and the role of insurance companies. We’ll also discuss how legal representation can simplify this complex process.
At Rosenfeld Injury Lawyers, we’re committed to handling the legal aspects of your case, allowing you to focus on recovery. Learn how our auto accident attorneys can help you navigate your claim effectively.
Liability in Car Accidents
You must first establish liability to file an insurance claim and personal injury claim. This means determining who was at fault in the car accident. Factors that influence liability include:
- Traffic laws: The at-fault driver may have violated traffic laws by driving above speed limits, ignoring traffic signals, driving on the wrong side of the road, and not yielding the right of way.
- Road conditions: Poor road conditions can also contribute to liability. The government, private entity, or landowner could be held responsible for failing to upkeep their property.
- Driver actions: Drivers who act erratically, tailgate, brake check, fail to signal, drive under the influence, or engage in other behaviors can cause accidents. They can be held liable for their negligent actions.
Drivers can be found negligent during a car accident, which means they aren’t acting with care and respect for other drivers. Their actions caused harm. You must establish the following four behaviors to prove negligence in a car accident case.
- Duty of care: The other driver had an obligation to keep other drivers safe by driving responsibly;
- Breach of duty: The responsible driver did not live up to their duty of care while driving;
- Causation: Their breach of duty caused the car accident;
- Damages: You suffered harm from the accident, including monetary, physical, and emotional damages.
A personal injury attorney can help you navigate this complex legal process and recover compensation. They make recommendations to help you understand who to sue in a car accident as part of a personal injury lawsuit.
Suing the At-Fault Driver
In a car accident case, the primary target is often the at-fault driver. They caused the auto accident and should be responsible for the property damage and personal harm.
Identifying the At-Fault Driver
Several methods can be used to identify the at-fault party in a car accident.
- Police report: Police reports are impartial, third-party summaries of an accident. They include all the information about the car accident and may even include pictures and drawings to illustrate what happened.
- Witness statements: Individuals who saw the car accident can share statements about what happened. These can be used to support your version of events.
- Accident reconstruction: Insurance companies and drivers can run programs to reconstruct the accident to determine what happened. These programs are based on the damages that occurred to the vehicle.
- Videos: Surveillance footage, Ring video, security tapes, and more can help support your case.
To pursue legal action, you must establish negligence and liability in car accident cases.
Suing Multiple Drivers
Sometimes, multiple drivers can be held liable in a car accident. This liability typically occurs when you’re in an accident involving multiple vehicles. It may be necessary to sue more than one driver if they share responsibility for the accident.
Remember, you’ll have to establish how much blame each driver holds for the car accident. For example, if you were t-boned by two cars, one driver may be held responsible for 60 percent of the accident because they ran the red light, and the other may be liable for 40 percent of the accident because they turned into the wrong lane.
The percentage of each driver’s blame will determine how much compensation you can recover.
Other Potential Defendants in a Car Accident Lawsuit
Car accident victims can sue people other than the driver. Below are examples of other potential defendants.
The Vehicle Owner
If the vehicle’s owner was not driving the car, they may be liable for the accident for the following reasons.
- Unfit to drive: Knowingly lending a vehicle to someone drunk, high, or otherwise impaired.
- Unqualified to drive: Outsourcing their vehicle to someone without a license or suspended license.
- Negligent entrustment: If they allowed an uninsured, unlicensed, or incompetent driver to use their vehicle.
The Employer of the At-Fault Driver
Vicarious liability allows employers to be responsible for car accidents in select scenarios. If the responsible driver is on the clock and the accident occurred within the scope of their employment, car accident victims can go after the company.
For example, if you are hit by a delivery truck while the driver is working, you could sue the employer and the driver because the driver is acting on behalf of the company when they are doing their job. An experienced attorney can help navigate the complexities of employer-employee liability.
Vehicle Manufacturers
You can sue vehicle manufacturers if a defective part led to the accident. This responsibility can include a faulty part or a defective car, including:
- Brakes
- Engines
- Steering wheels
- Airbags
- Electrical systems
Customers have a reasonable expectation that they are purchasing items that work. If they don’t, that’s where product liability may apply. You need to prove that the defective vehicle caused the accident.
Government Entities
Government entities are typically protected under sovereign immunity. However, they can be held liable if their actions caused a car accident. These acts can include:
- Poorly maintained roads: Potholes, uneven roads, improperly marked lanes, etc. can cause accidents.
- Faulty traffic signals: Traffic signals that are not working or improperly functioning can be another reason to hold government entities responsible.
- Unsafe driving: Police, fire, and ambulance vehicles may be exempt from traffic laws, but they still must drive with reasonable care toward others.
If their actions caused or contributed to a car accident, you can sue the government entity for the damages.
The Role of an Insurance Company
In a personal injury case, when you sue the at-fault party, their insurance provider is typically responsible for paying the settlement. There are typically three steps to filing a claim, but the insurance provider can draw them out to prevent paying.
- File a claim: You will contact your own insurance company to inform them of the accident. They will work with the at-fault driver’s insurance to recover the cost of fixing or totaling your car.
- Investigate the claim: The insurance company will investigate the car accident to determine if insurance coverage applies. They may ask for additional documentation or want to conduct their own research into the claim.
- Determine claim decision. The insurance company will decide if they are covering the cost of the accident and make an offer for compensation. You usually won’t get a fair settlement with the first offer and may have to negotiate based on your accident details.
The car insurance company is a business. They want to maximize profits by minimizing the amount they pay to car accident victims. They can play many games to prevent paying out, so getting a skilled car accident attorney to fight for your rights is critical.
The Importance of Legal Representation
Car accidents are stressful enough, especially when dealing with the settlement process. A car accident lawyer can help lighten the load and help you get justice.
Identifying All Liable Parties
A car accident lawyer knows what to look for during discovery. They can help identify all potentially liable parties to ensure you receive fair compensation for the car accident.
They look at the case holistically, identifying the responsible driver and anyone else who contributed to the accident, including the car owner, government entity, car manufacturer, employer, and more. Once they know all the parties involved, they can build a strong case.
Building a Strong Case
Your personal injury lawyer will help investigate the accident. They will:
- Collect evidence: They will gather photos, medical records, police reports, witness statements, videos, and more to help explain what happened.
- Negotiate with insurance: After they gather evidence, an experienced car accident attorney will build their arguments. They devise a strategy to help you pursue compensation, including a minimum settlement amount based on your physical injuries. Your lawyer will interface with insurance to attempt to settle out of court.
- Represent you in court: Sometimes, they may not accept the terms of the other driver’s insurance company. In this scenario, they’ll provide legal representation throughout the court process.
Your lawyer will do what is needed to help you recover full compensation for your harm.
Protecting Your Rights
Your lawyer is your champion throughout the entire legal process.
- They ensure you receive fair treatment from the responsible party’s legal team, insurance company, and more.
- They advocate for your best interests, providing a voice when you cannot be present.
- They protect your rights and help you understand what’s happening at every step.
Personal injury and car accident attorneys protect you from additional emotional distress during the process and make sure the liable party is held accountable.
Reach Out to a Personal Injury Lawyer for Legal Representation
Retaining legal representation after a car accident is a great way to ensure you recover maximum compensation and bring the responsible party to justice. Rosenfield Injury Lawyers are well-versed in personal injury law. We offer our clients a no-obligation consultation to help them understand their options.
Call us today at (888) 424-5757 or fill out our contact form for a free consultation with a Chicago auto accident attorney.