Car accidents can have severe physical, financial, and psychological consequences. While insurance is meant to pay for most of these expenses, there are situations when a lawsuit is required to obtain full compensation. Suing another individual may help with medical bills, property damage, lost wages, and pain and suffering.
Experienced car accident attorneys can guide you through the process and ensure you’re adequately compensated.
Here are three typical instances in which you might be able to sue someone else for a car accident.
1. The Other Driver Was Negligent
One of the leading causes of car accidents is negligence. Negligence happens when someone fails to take appropriate care, placing others in danger. In car accidents, negligence frequently includes:
- Distracted Driving: It includes texting, eating, and any other activity that takes your focus away from the road.
- Speeding: Driving over the speed limit or going too fast for the weather or road conditions.
- Driving Under the Influence: Using a vehicle when intoxicated by alcohol or drugs.
- Disobeying Traffic Laws: This includes running red lights, failing to yield, and making improper lane changes.
You might be able to sue the other driver for damages if their negligence was the cause of the collision. To create a compelling argument, collect proof like:
- Police records describing the accident’s cause.
- Statements from witnesses that back up your story.
- Pictures of the injuries, vehicle damage, and accident site.
An attorney can defend you in court and assist you in gathering this information and negotiating with the at-fault party’s insurer.
2. A Defective Vehicle or Part Caused the Accident
Car accidents are not always caused by human errors. Some happen due to mechanical failures caused by defective parts. These circumstances come under product liability, and you may be entitled to sue the manufacturer, supplier, or retailer responsible for the defect.
Examples of defects are:
- Faulty Brakes: Brakes that don’t engage properly.
- Airbag Malfunctions: Airbags that fail to deploy or deploy with excessive force.
- Steering issues: Problems that cause the driver to lose control.
To file a product liability claim, you must preserve the defective vehicle part and hire an expert to identify the problem. A personal injury attorney can assist in determining if the defect or malfunction was the direct cause of the accident and holding the liable parties accountable.
3. A Third Party Contributed to the Accident
Sometimes, a third party may be partially liable for an auto accident. These circumstances typically include:
- Employer Liability: Under vicarious liability, the at-fault driver’s employer may be held liable if they were carrying out their job responsibilities, such as being a delivery driver or truck driver.
- Dram Shop Laws: Bars and restaurants that offer excessive amounts of alcohol to customers who are obviously intoxicated may be held accountable if the customer causes an accident.
- Governmental Negligence: Accidents may be caused by poorly maintained roads, a lack of signage, or insufficient lighting. The government organization in charge of road maintenance may be liable in certain situations.
When another driver’s actions aren’t the only factor that led to the accident, claimants may be able to obtain compensation by suing a third party.
What Damages Can Be Recovered?
If you are going to file a lawsuit, you may be eligible to recover various kinds of damages, including:
- Medical Expenses: These include both present and future medical expenses.
- Lost Wages: It is the compensation for missing work or lowered earning capacity.
- Property Damage: Costs for repairing or replacing your car.
- Pain and Suffering: Compensation for non-economic losses such as emotional suffering and a lower quality of life.
Calculating the extent of your damages ensures that you receive sufficient compensation, which is especially crucial when insurance coverage is limited.
Conclusion
Car accidents are life-altering incidents, but you have legal options if the incident was caused by someone else’s negligence, a defective product, or the actions of a third party. Knowing when to sue and how to build a strong case can make a big difference in getting fair compensation.
If you’ve been in an accident and believe someone else is to blame, speak with an experienced personal injury attorney about your rights and legal alternatives. An experienced lawyer can guide you through the procedure and fight for the compensation you deserve.
