In any car accident case, a negligent party will owe victims money. In most accidents, a driver did something wrong when they failed to exercise due care or follow traffic laws. There are very few circumstances in which the owner of the car, rather than the driver, does something that negligently causes an accident, although these circumstances may exist. When you hire a car accident attorney for your case, they will investigate the crash, and you determine who you can sue for your injuries.
One of the first inquiries that a car accident lawyer in Tysons Corner would make is to determine who is responsible for the crash. They would then collect evidence that shows what happened in the accident so they can use it in a later claim or lawsuit.
The Driver Is Usually the One Legally Responsible for Your Injuries
The rule is that the auto insurance policy is attached to the driver instead of the car. The coverage will follow the driver no matter what vehicle they drive, whether they have borrowed a car from a friend or rented it from an agency. If you have suffered injuries in an accident with another driver, you will file a claim against their car insurance policy and typically not that of the car’s owner. If the driver of the car was negligent, you can be entitled to financial compensation for your injuries, which their insurance company will pay up to the amount of the policy limit.
You May Be Able to Sue the Owner for Negligent Entrustment
Some circumstances may allow you to add an additional party in your car accident case. For example, a car’s owner cannot just lend their vehicle to anyone. They also owe you a duty of care to ensure that they only allow people who are fit to drive to borrow their car. Otherwise, they can also be liable for negligent entrusting their vehicle to someone else.
A common example of negligent entrustment occurs when a car’s owner gives their vehicle keys to someone intoxicated. The owner should not allow anyone who appears drunk to drive their car. In that case, they have given someone else the instrument that they have used to injure you. A car’s owner may also not give their car to someone they know cannot drive or an extremely dangerous motorist. For example, the vehicle’s owner can be liable if they lent the car to someone who has a terrible driving record or did not have a driver’s license in the first place.
A negligent entrustment case is challenging because you need to prove what the driver knew when they let someone else drive their car. However, there are ways around proving the car owner’s actual state of mind. You can also prove constructive knowledge from the circumstances – essentially, what the owner should have known at the time. For example, if you can prove that the owner and driver had numerous drinks together before they lent the car, it may suffice as constructive knowledge.
The Owner Can Be Responsible for Negligent Maintenance of the Car
A car’s owner can also be liable if they let someone else drive a car they knew was not properly maintained or in roadworthy condition. A car’s owner has a general legal obligation to keep their car in proper working order and perform maintenance to keep the car from being dangerous. If they lent a dangerous car to someone else, you can also sue them (and sometimes instead of the driver if the motorist did nothing wrong).
You Could Sue the Owner if an Employee drove the Car
You can also hold the car’s owner liable for the accident when the driver was working for them at the time of the accident. Then, the rules of respondeat superior will apply. An employer is liable for the actions of an employee that occur within the scope of their employment. The employee is the agent of the principal, and their actions are considered to be that of their employer. Filing a claim against the employer gives you access to a deeper pocket that can mean more assets and coverage to pay for your injuries.
It May Be Difficult to Sue the Rental Car Agency
If a rental car agency owned the vehicle, it is usually extremely difficult to sue them for your injuries. Similar rules will apply to your case. Rental car agencies usually perform some sort of check on the driver at the time they rent the car. They should not rent a vehicle to a driver who they know to have an extremely poor driving record or who is visibly intoxicated at the time of the car rental. The company might be liable if they knowingly rent a car to someone they shouldn’t. A rental company can also be sued if they rented a vehicle in poor condition that they failed to properly maintain.
Your Car Accident Attorney Can Determine Who You Can Sue
If you have suffered an injury in an accident that involved a borrowed or rented car, your car accident lawyer will conduct an inquiry into the circumstances of the situation to determine whether there is anyone else who you can sue. Then, there may be a second insurance policy or pool of assets that you can access to pay for your injuries, potentially resulting in more compensation. Suing another party can be beneficial if the value of your case exceeds the amount of coverage the responsible driver has. An experienced car accident lawyer can identify all potentially liable parties and ensure you obtain the full value of your claim.
Consultations With a Car Accident Lawyer are Free
When you need a consultation with a car accident attorney, you might hesitate due to cost concerns. After all, you face financial losses already from your accident and you do not want to add more to your plate. The good news is that a personal injury lawyer will evaluate your case and answer your questions for free, and you can hire them at no upfront expense. Call today.