Typically, car crashes are the result of human error. The individuals driving the vehicles make choices that may lead to them colliding with another vehicle. Most of the time, the people affected by car crashes can simply file an insurance claim.
Every driver should have a liability policy, and the party who causes a crash is liable for the damages other people incur. Their insurance can cover those losses. If they lack insurance or their policy is too small given the extent of the damages, then the other parties involved in the crash can potentially file a personal injury lawsuit against the at-fault motorist.
Occasionally, people affected by motor vehicle collisions have the option of taking legal action against a third party. Businesses may have a degree of liability for crashes in certain circumstances. When may a company be subject to compensation claims from people affected by collisions?
1. When a driver was actively working
Employers typically have a degree of responsibility for the conduct of their workers while they are on the clock. If a delivery driver or other employee performing their job while driving causes a crash, the company may have vicarious liability for the collision. Under vicarious liability rules, employers may have to compensate those harmed by the negligence of their employees.
2. When vehicle issues are to blame
Sometimes, the underlying cause of a car crash relates to the performance of one of the vehicles. Perhaps the vehicle has defective components that fail on the road. A company that manufactures defective parts can be liable for crashes that occur due to their products failing.
Maybe the driver at fault for the crash had recently taken their vehicle in for repairs. If a mechanic makes negligent mistakes while fixing a vehicle, their business may be liable for crashes that occur because of their negligence or professional errors.
3. When a drunk driver is at fault
Occasionally, crashes occur because one of the drivers is under the influence. Intoxicated drivers are usually to blame for their own decisions.
However, state law makes businesses liable for drunk driving crashes when there are obvious violations of liquor laws involved in the situation. If a business serves alcohol to an underage patron or someone visibly intoxicated, the business may be liable for any drunk driving crash that the patron goes on to cause after leaving the establishment.
Filing a lawsuit against a business can potentially result in better compensation than a similar lawsuit brought against an individual. Those with major losses after motor vehicle collisions may need help evaluating their situation to determine what potential sources of compensation are available to them.