Liability for a Car Accident? Whose at Fault Other Than the Driver?
If you’re stopped at a red light and you get rear-ended, it may be obvious to you that the driver of the car behind you is at fault and is, therefore, liable for damage to your car and for your injuries. However, a number of parties may also be liable for your damages.
The other driver
The other driver has some responsibility for the accident. Obviously, he or she was operating the vehicle that hit you. The other driver may have been distracted, drunk or otherwise impaired.
The owner of the other vehicle
The owner of the vehicle that hit you, if it’s not the same person as the driver, may also be liable for your damages. Car owners have an obligation not to let an irresponsible person borrow their car. Vehicle owners are responsible for damage their car causes whether they are driving it or not.
A road construction crew
If road construction is under way in the area where the accident occurred, the road construction company may be liable for your damages. For example, if the driver behind you rear-ended you because a construction flagger motioned him to drive forward, you may have a claim based on that flagger’s conduct.
A vehicle manufacturer or mechanic
If the other driver tried to stop in time, but his brakes failed, the manufacturer of his vehicle may be at fault. If a mechanic worked on the other car’s brakes, the mechanic may also be at fault.
Assessing liability for a car crash involves complex legal analysis. The professionals at TorkLaw can help you determine who is liable for your damages.