There May be More People Liable for Your Car Accident Than You Think

Let’s say that you are in an accident with another vehicle. The obvious claim or lawsuit, is and should be filed against the driver of the other vehicle. But is the other driver the only party that is negligent?

It may seem so, given that there were only two vehicles involved in the accident. But often, with some good investigation, there may be other negligent parties, who can be brought into the lawsuit, and who can be held accountable to compensate you for your injuries.

Was the Other Driver Working?

One thing to ask is whether the negligent Defendant driver was, at the time of the accident, working, or doing other duties in the course and scope of his or her employment. Don’t assume that just because the vehicle that was negligent looked like a “private vehicle,” that the driver of that vehicle was not doing work. If he or she was, the employer may be brought into the case on theories of respondeat superior.

The same goes for joint owners of a vehicle. Where there is an owner of the vehicle on the title, that owner may be able to be brought onto the lawsuit under theories of negligent entrustment. This often happens when younger people or minors cause accidents, but a parent is on title with the minor.

Vehicle Defects

After an accident many people rush to get their car fixed. That’s understandable. But often, an investigation of the damaged vehicle may reveal defects in the car that caused or contributed to the accident or injuries. This can potentially lead to products liability claims against manufacturers.

If it is the victim’s car that malfunctioned, or which had some problem that was supposed to be repaired or fixed, repair records from body shops may reveal what kind of work was and was not performed on the vehicle. Mechanics’ oversight of repair or maintenance of brakes or other systems, can contribute to accidents.

Whoever has the vehicle right after the accident—such as tow yards or auto body shops—should be sent a letter informing them to preserve the vehicles for inspection, before repairing them.

Roadway Conditions and Hazards

Road conditions can also contribute to accidents, especially when there is construction or road work at or around the scene of the accident.

Sometimes these conditions are caused by government actors, such as when there is construction on a roadway, and there is improper signage, lighting, or markings on the roadway, creating traffic flow patterns that are confusing and difficult to safely navigate. Although claims like these against the government are very difficult, it does happen that construction crews fail to take precautions needed to make construction areas safe.

The same goes for private property. For example, private property owners may allow trees to be overgrown, or may allow cars or other objects to obstruct the right of way, making it difficult to see or navigate traffic, and thus, causing accidents.

We can help you determine everybody who may be liable for your car accident. Call the Boston personal injury lawyers at The Law Office of Joseph Linnehan, Jr. today for help with your car accident case at 617-275-4200.

Sources:

forbes.com/advisor/legal/personal-injury/respondeat-superior/#:~:text=Respondeat%20superior%20is%20a%20Latin%20phrase%20meaning%20%E2%80%9C%E2%80%8B%E2%80%8Blet,by%20staff%20members%20or%20agents.

docs.lib.purdue.edu/cgi/viewcontent.cgi?article=3173&context=roadschool