Generally speaking, when there’s a car crash, the at-fault driver is liable. But there are instances where someone else may also be responsible for the accident.
Knowing the possibilities can be tremendously helpful when you file your car accident claim. This will allow you to recover a fair amount in compensation to take care of the damages you’ve incurred.
Who Else Could Be Liable for the Car Crash?
If you ask an attorney, they will likely tell you that the driver who was negligent and caused the accident is the one who is liable. However, in certain situations, it may not be as cut and dry.
A prime example of this is when there is a chain reaction crash or a multi-vehicle accident. However, even in an accident with just two vehicles, the following parties can be held responsible.
The Vehicle Manufacturer
After accident investigations are conducted, it may come to light that the vehicle had a serious defect. In this situation, the manufacturer could also be liable.
The Parts Manufacturer
These investigations may turn up no problems with the way the vehicle was manufactured. However, the parts used for maintenance and repairs may be defective. This would mean that you could hold the manufacturer of those parts responsible.
The State or County Government
If the conditions of the roads where the accident occurred were found to be a factor, you may be able to hold the local or state government liable for your accident.
How Comparative Negligence Can Be a Factor
After a crash with only two vehicles, it is possible for each driver to share the blame. Modified comparative negligence means that you may be given partial responsibility. Even so, you can still recover compensation if your percentage of fault is less than 51%. If the other driver’s insurer tries to manipulate the situation so that you are assigned a higher percentage of fault than that, you would not be able to recover any compensation.
Steps to Take After an Accident That Wasn’t Your Fault
When you’re in a car accident, one of the first things you should do is call the police so that they can file a police report. You’ll also want to get medical treatment to document your injuries.
With these and the physical evidence from the scene, it will be easier to prove that you didn’t do anything wrong to cause the crash. In an accident with injuries, you will most certainly want an attorney to represent you. This way, you can be sure you have someone advocating for your rights and making sure you do not get assigned blame when you are not at fault.
An attorney is also instrumental if a manufacturer defect or improperly maintained road caused the accident. In these situations, the insurance companies may try to downplay the severity of your injuries to reduce the amount of compensation they need to pay.
While having an attorney is no guarantee that you’ll win, you’ll stand a better chance with expert legal representation.
