Being injured in a car accident caused by a negligent driver can turn your world upside down in an instant. Beyond physical injuries, there’s the emotional toll and financial stress from costly medical bills, repair costs, and lost income.
The aftermath is stressful, and it’s unfair.
You’re probably wondering, “Who pays when I sue in a car accident?” The question is central to many personal injury claims involving motor vehicles, and a car accident lawyer can help you navigate this process. The answer depends on the circumstances of your case.
Filing a Car Accident Lawsuit
When you’re injured in a car accident, you have the legal right to seek compensation for your damages. However, pursuing compensation isn’t always straightforward. Insurance companies prioritize their profits over providing injured parties with fair compensation. If they refuse to offer a fair settlement for all your damages and losses, filing a car accident lawsuit may be necessary.
A car accident lawsuit starts with determining who is liable for your injuries and damages. Liability can extend beyond the at-fault driver to other parties, depending on the circumstances of your accident.
Who Can Be Held Liable in a Car Accident?
Identifying the at-fault party is critical when suing for injuries sustained in a car accident. Depending on the facts of your case, liability may rest with one or more of the following parties:
The At-Fault Driver
In most car accident cases, the driver responsible for the collision is held liable. Their auto insurance typically pays for the damages up to the policy limits. However, if your damages exceed the coverage amount, you may need to explore additional options, such as suing the driver directly or identifying other responsible parties.
Uninsured or Underinsured Drivers
If the at-fault driver lacks sufficient insurance, you might need to rely on your own uninsured/underinsured motorist (UM/UIM) coverage, if you have it. This type of coverage can step in to cover the damages that the other driver’s insurance cannot.
Hit-and-Run Drivers
If the at-fault driver fled the crash scene, recovering damages becomes more complicated. In hit and run accidents, your insurance policy—such as UM coverage—might be your best option. An experienced car accident attorney can investigate the circumstances and help identify alternative paths to compensation.
The Vehicle Owner
If the driver who caused the accident wasn’t the owner of the vehicle, the owner could also be held liable under certain circumstances. For example, if the owner knowingly lent their car to someone unfit to drive, such as an intoxicated or unlicensed individual, they may share responsibility for your accident.
Employers of the At-Fault Driver
If the driver was working at the time of the accident, their employer might be liable under the legal concept of “vicarious liability.” For instance, if a delivery driver causes a crash while on duty, their employer’s commercial insurance may cover the damages.
Rideshare Companies
Accidents involving rideshare drivers, such as those for Uber or Lyft, require careful analysis. Rideshare companies typically provide insurance coverage, but the extent depends on whether the driver was actively engaged in rideshare activities at the time of the accident. If the app was off when the crash occurred, the driver’s personal insurance applies.
Auto Repair Shops
If faulty repairs contributed to the accident, the repair shop could be held accountable. For example, improperly installed brakes or defective parts can lead to accidents, making the shop’s insurance liable for damages.
Government Entities
In rare cases, unsafe road conditions, such as large potholes, poor signage, or malfunctioning traffic signals, may contribute to an accident. If a government entity’s negligence caused or worsened the crash, you may be able to sue the state, county, or city. Government entities generally enjoy a good deal of immunity from personal injury lawsuits. Claims against them often involve strict deadlines and unique procedural rules.
Vehicle Manufacturers
If a defective vehicle or part caused the accident, you could pursue a product liability claim against the manufacturer. Common examples include faulty brakes, airbag malfunctions, or tire blowouts.
Restaurants or Bars
Many states have Dram Shop laws that allow car accident victims to pursue damages from restaurants, bars, and other establishments that overserved a patron who then caused a drunk driving accident.
Proving Negligence in a Car Accident Lawsuit
To succeed in a car accident lawsuit, your car accident attorney must prove the at-fault party’s negligence. This involves demonstrating the following elements:
- Duty of care: The at-fault party owed you and others on the road a responsibility to drive safely.
- Breach of duty: They failed to in that legal obligation. They may have engaged in drunk driving, distracted driving, speeding, or aggressive driving, for example.
- Causation: Their failure in their duty directly caused the accident and your injuries.
- Damages: You suffered measurable losses, such as medical bills, lost wages, and pain and suffering.
Types of Compensation Available
The compensation you can recover in a car accident lawsuit generally falls into two categories:
Economic Damages
These are tangible, measurable losses, such as:
- Medical bills (past and future)
- Lost wages or income
- Property damage
- Rehabilitation and therapy costs
- Out-of-pocket expenses
Non-Economic Damages
These compensate for subjective losses, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship
- Loss of consortium
If the accident resulted in the unthinkable loss of a loved one, you may seek wrongful death damages against the at-fault driver for loss of financial support, funeral expenses, and other related damages.
In certain rare cases, punitive damages may also be awarded to punish the at-fault party for reckless or intentional misconduct.
Dealing with Insurance Companies
Insurance companies work aggressively to minimize payouts, even when their policyholder is clearly at fault. Common tactics include offering quick, low settlements, disputing the severity of your injuries, or delaying the claims process. An experienced car accident lawyer will handle insurance company negotiations, safeguarding your claim so you have the best chance of obtaining maximum compensation for all your damages and losses.
Common Car Accident Injuries
Injuries commonly sustained in a car accident range from minor to catastrophic. Generally, the more severe your injuries are, the more they adversely affect your life. Common car accident injuries include:
- Whiplash and neck injuries
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Broken bones
- Internal organ damage
- Cuts and lacerations
- Soft tissue injuries
- Psychological trauma, such as PTSD
Why Legal Representation Matters
Recovering from a car accident is hard enough without the added burden of taking legal action. When you’re hurt, the idea of facing insurance adjusters or deciphering legal documents is an uphill battle that can quickly drain your time, energy, and resources. A skilled car accident attorney can step in to:
- Investigate the accident and identify all liable parties
- Handle negotiations with insurance companies
- Accurately calculate the full extent of your damages
- Represent you in court if a fair settlement cannot be reached
Hiring a lawyer to stand in for you in all legal matters not only protects your rights but gives you a better chance of receiving the compensation you deserve for all your losses.
Let Coates Law Office Fight for You
Being injured in a car accident can leave you feeling lost, trying to juggle recovery, financial strain, and complex legal issues all at once. At Coates Law Office, I genuinely understand how deeply these events impact your life. That’s why I’m here to guide you with care and determination, working to secure the compensation you deserve while you focus on putting the pieces back together.
To schedule a free, no-obligation consultation with an experienced Nashua car accident lawyer, call Bradford Coates at (603) 262-5766 or through the online contact form. I work on a contingency fee basis, meaning you don’t pay unless I successfully resolve your case. Let me handle the legal challenges so you can focus on what truly matters—your health and peace of mind.