Who Is At Fault in a Car Accident?

May 7, 2022
Who Is At Fault in a Car Accident?

The fault for a car accident may fall on various parties, depending on how the crash occurred. For example, drivers may be liable if they fail to observe road safety rules. Additionally, you may be able to hold a company accountable if their vehicle did not receive the needed maintenance.

Before you file a car accident claim, you should identify the issues leading to the crash. You can also consult a car accident attorney to help you gather evidence and file your claim. Doing so can help you determine who is at fault in a car accident. 

When Is a Driver Liable for a Car Accident?

All drivers have a duty to observe safety when on the road. They must also follow various rules and policies governing traffic. If a motorist ignores the law and contributes to a collision, they will likely be liable for the damages. Some aspects that constitute negligence on a driver's part are:

  • Failure to give right of way
  • Driving in the wrong lane
  • Driving under the influence of drugs or alcohol
  • Running a red light
  • Failing to indicate when changing lanes

Moreover, vehicle owners are responsible for maintaining and servicing their cars. If a collision occurs due to a faulty part, you may be able to claim damages from the driver based on poor maintenance.

Can a Company Be Responsible for an Accident Involving a Car?

Commercial vehicles may contribute to car accidents in various ways. For example, poorly secured luggage may fall off and cause you to swerve and hit another motorist. Furthermore, the vehicle may run you off the road due to limited visibility caused by blind spots.

If your accident involved a commercial vehicle, the company may be liable for damages in certain situations. Such include if the company:

  • Failed to inspect their cars before the journey
  • Did not service its vehicles
  • Did not replace faulty parts, such as brakes and fasteners
  • Hired an unqualified driver

Who Is Liable If an Icy Road Led to a Car Accident?

If a car accident occurs due to an icy road, various parties may be liable for the damages. The law requires that drivers observe various precautions during bad weather. Such measures are:

  • Driving slowly
  • Ensuring their tires have a sufficient tread depth
  • Slowing down when approaching another car
  • Waiting until road conditions improve

If a driver fails to exercise such duties of care, they may be liable for an accident triggered by an icy road.

The local government is another party you may be able to hold accountable for a collision occurring due to a slippery road. This aspect will apply if the authorities fail to maintain the highway and ensure it is safe for all users.

When Is a Manufacturer Liable for a Car Collision?

Manufacturers should ensure all vehicles and parts they sell are in good condition. If a defective car or part fails during movement leading to an accident, you may be able to file a claim against the manufacturing company. Still, you must present evidence indicating the issue resulted from a production error and not wear and tear.

What Should You Do if Multiple Parties Are at Fault for a Car Accident?

If several parties are liable for a car accident, you can file an auto insurance claim against all of them. Determine the percentage of fault and the damages you sustained from the crash. After that, file a claim for injuries equal to each party's level of responsibility.

Seeking compensation against several parties is unique since you must establish fault for every case. Besides, you will need separate claim files and demand letters indicating damages suffered and their approximate value. You can consult a car accident attorney to help you understand the requirements for establishing multi-party fault.

Is There a Deadline to Seek Reimbursement for Car Accident Damages?

Each state has statutes regulating the duration car accident victims must claim damages. Since the period differs, you should confirm the law in your region beforehand. This precaution will help you determine the time to gather evidence and start the claim process. It may also protect your rights and avoid paying for car accident damages out of pocket.

Which Damages Can You Claim After a Car Accident?

When injured in a car accident, you can claim various damages. For example, you can pursue the cost of repairing or replacing your vehicle. You can also seek reimbursement for past medical expenses and future costs if your injuries have long-term effects. Other damages to claim after a car accident are:

However, the compensation you are entitled to may vary, depending on your state and the circumstances of your accident.

Consult an Attorney to Help you Determine Who is at Fault in Car Accident

A car accident lawyer can study your case to help identify the cause of the accident. After that, they can help you collect evidence to establish and prove a specific party was liable.

At Dolman Law Group, we help victims of collisions file claims against parties responsible for damages. Call us today if you need help determining who is at fault in a car accident.