When you team up with a car accident lawyer, they can determine who can be sued in your car accident case. The defendant (or defendants) in your lawsuit will rest upon who caused or contributed to your accident.
You may be able to pursue compensation from the following parties via a personal injury lawsuit:
- A negligent motorist. If another driver’s actions caused your accident and injuries, you may be able to hold them accountable through a civil action.
- A parts manufacturer. If your collision was caused by a faulty or defective auto part, you may be able to hold a parts manufacturer responsible for your collision-related damages.
- A government entity. If your collision was the result of poor roadway conditions, you may be able to sue the entity responsible for the street’s upkeep.
Generally speaking, a party may be the target of a lawsuit if their specific actions or failures made them at fault for your accident. One or more parties could be the subject of your personal injury lawsuit. A lawyer can review the facts of your accident to determine whether a lawsuit could work to serve your legal interests.
A Motorist May Be the Cause of Your Accident
The National Highway Traffic Safety Administration (NHTSA) notes that drivers are responsible for causing approximately 94% of all car accidents. With this information in mind, another motorist may be the most likely cause of your car accident.
The motorist who caused your collision may not have done so intentionally. However, regardless of their intent, they can still be held accountable for your collision-related expenses.
Some actions or failures that may make a motorist negligent include:
- Distracted driving, which may include texting, eating or drinking, or taking one’s attention off the road for any reason
- Changing lanes without signaling, or into lanes that are already occupied
- Turning across lanes without accounting for oncoming traffic
- Running a red light or stop sign
- Turning right without checking for oncoming traffic
- Driving while under the influence of drugs or alcohol
- Driving aggressively, such as driving over a median
- Driving an unroadworthy vehicle
Other parties could share responsibility for your accident. Again, when you team up with a car accident lawyer, they can work to assign fault and liability for your car accident case.
The Legal Standards for Fault and Liability
The American Bar Association sets guidelines for how personal injury lawyers should establish fault, negligence, and liability in personal injury cases. For example, another motorist may have responsibility for your car accident if they were negligent or intentionally caused you harm. A parts manufacturer could be held accountable for your damages if their product did not work as intended and contributed to the crash.
An employer, vehicle manufacturer, or government department may be among the parties who could be held liable for a car accident.
In order to establish fault and liability for your car accident, your lawyer may:
- Familiarize themselves with all aspects of your car accident
- Identify which party (or parties) acted negligently
- Gather evidence that shows how another party acted negligently
- Review state laws and legal precedents as they apply to your case
Who can be sued in your car accident case will ultimately depend on the facts of your situation.
Your Lawyer Will Seek Compensation
You may have incurred expensive losses as a result of your car accident. Your lawyer will determine what individual losses you have suffered, how much they are worth, and what constitutes a fair settlement.
You may be faced with economic losses, including the cost of emergency and non-emergency medical care, the cost of repairing or replacing your vehicle, and income that you have lost because of your injuries. You could also suffer additional economic losses in the future. Your lawyer will consider those potential losses when calculating the amount of compensation you are owed.
You could also experience noneconomic losses from your accident, including:
- Pain and suffering
- Emotional distress
- Impaired quality of life
- Loss of consortium
You may be entitled to compensation for both your economic and noneconomic losses. Your lawyer will complete a lawsuit or insurance claim, which may allow you to secure any awards that you deserve.
Call the Law Office of Cohen & Jaffe, LLP Today
Our law firm’s goal is to resolve your legal matters while you focus on your health. Do not wait to call our team, as there may be a time limit on your ability to file a lawsuit. Call the Law Office of Cohen & Jaffe, LLP today at (516) 358-6900, for more details about how we can assist you or a loved one after a car accident.
For a free legal consultation, call 516-358-6900