Only rarely is liability in a car wreck clear cut and undisputed. There are a lot of variables no one thinks about until it happens to them. If you were injured in a car wreck caused by someone else’s negligence, the compensation you receive depends on proving they were at fault.
We’ve been offering free car wreck consultations for years, and there are some questions we hear over and over again. We’re answering a few of those here, but we’re also happy to go over them more in depth in person at your convenience.
Who is Liable in a Car Wreck – The Driver or the Vehicle Owner?
Let’s say you let your neighbor borrow your car because hers is in the shop. She runs a red light and gets in an accident. Both she and the other driver sustain minor injuries and both vehicles are damaged. Who is liable?
You didn’t cause the accident, your neighbor did, so she will get the ticket and the accident will go on her driving record. However, auto insurance attaches to the vehicle. Your car insurance company will provide primary coverage for doctor bills and vehicle repairs. If the damages exceed your policy limits, then your neighbor’s insurance company will have to pay the remainder up to her policy limits.
If you were hit by someone driving a borrowed car, that adds a layer of complication to your case. It’s best to talk to a car accident attorney as soon as possible.
What if the Car Owner Allowed a Friend to Drive it Drunk?
So what happens if a group of friends are at a party. One gets a text from his girlfriend and feels the urge to leave, but he’s clearly had too much to drink. He asks to borrow a car and against better judgement, a friend hands over the keys and watches him stumble out the door. On the way to his girlfriend’s house, he rear-ends you and causes injuries and vehicle damage.
If his friend hadn’t loaned him the car, he couldn’t have caused your accident. The car’s owner could be held partially responsible if he or she knew the person was drunk and loaned the car anyway. Negligent entrustment involves proving beyond reasonable doubt the car’s owner knew there was a reason for concerned and they chose to let someone use their car anyway.
Who is Liable for Car Accidents in Company Vehicles?
What if a pizza delivery driver hits you while making a delivery? Or what if your local plumber causes an accident headed to a job in a company van? Who has to pay for doctor bills and vehicle repairs?
That’s another sticky situation where you want to talk to an attorney whether you’re the employee or the person they hit. Most of the time, it boils down to whether or not the accident happened while the person was on the job doing something for their employer.
In the case of the plumber headed to a job driving a company van, the employer (or the employer’s insurance company) will be held liable for what happened if the driver is determined to have contributed to the accident. However, if the same plumber was off the clock and used the company van to make a drink run, if the trip was unauthorized the employer isn’t typically liable.
Much of the time employees are liable if they’re running a personal errand when the accident occurs, even if they do so during business hours. They’re also liable for accidents they cause driving back and forth to work, even if they use a company vehicle, because they’re not yet considered on company business.
More Answers to Your Car Accident Questions
It would be impossible to try to address all the possible scenarios just related to these three questions in a blog post. Whatever happened to you during your car wreck, we’re here to help you find answers, even in the most complex circumstances. Schedule a free no-obligation consultation today and sit down with an experienced personal injury attorney who cares.
