Establishing who was at fault for a car crash can be relatively easy. If a driver runs a red light or becomes distracted and rear-ends another vehicle, there are usually few questions about who is to blame for the incident.
However, fault and liability are not necessarily the same thing. A person can be at fault for a crash without being totally liable for it. Other parties could have partial liability in certain scenarios. Evaluating who is liable and who has a responsibility to provide financial compensation can be an important step when addressing the aftermath of a recent motor vehicle collision.
Who might theoretically be liable for a wreck?
The driver at fault
Obviously, the driver who caused the crash might be liable for the aftermath of the collision. They may have to provide insurance coverage to the other people affected by the crash, or they could be at risk of litigation.
The driver’s employer
Many people have to be out on the road to perform job functions. Their employers may then have vicarious liability if they cause collisions because they are negligent on the road. Commercial insurance policies may cover crash expenses even if the employee was in their own vehicle at the time of the wreck.
Other businesses
There are a handful of scenarios in which businesses can be partially liable for car crashes. Violations of liquor laws could lead to dram shop litigation against a bar or restaurant after a drunk driving crash. The release of defective vehicle components or unsafe vehicles could make manufacturers liable for collisions. Unsuccessful repairs or negligence during routine vehicle maintenance could also lead to vehicle failure and make a company liable for a collision.
Discussing the circumstances of a recent motor vehicle collision with a skilled legal team can help people evaluate their options. While insurance often covers crash costs, sometimes people have to file lawsuits.