Who is Liable for Car Accidents?

In personal injury cases, liability is the state of being financially responsible for the injuries and losses of other drivers involved in a car accident, as well as any passengers or anyone else who may have been harmed by the crash. These losses can include vehicle damage, the cost of medical care, emotional trauma, lost wages, and more. Determining who is at fault in a car accident generally involves zeroing in on who was careless, or “negligent.” Usually, the person or party whose negligent actions caused or contributed to the accident is legally responsible for any injuries or property damage that may have occurred as a result of the accident. 

Negligent Drivers

Negligent drivers are drivers whose careless or reckless conduct causes harm to another person. In terms of a car accident, a driver can be negligent by doing something he or she should not have done (i.e. speeding), or by failing to do something he or she should have done (i.e. failing to stop at a stop sign or red light). For example, if you suffered injuries in a car accident with another driver who was speeding when the collision occurred, the other person (or more accurately, the other person’s insurer) is most likely financially liable for your injuries and losses. The same goes for a reckless motorcyclist, a drowsy truck driver, or any other person operating a motor vehicle in a manner that is not reasonably careful. 

Depending on the specific circumstances of your case, there may be others who are liable for your injuries beyond the negligent driver. For instance, if you are injured in a collision with a drowsy truck driver who has been pushed to work long hours to make deliveries on time, both the trucker and the trucking company that employs the trucker may be at fault for the accident. As you can see, personal injury cases can get complicated quickly, which is why we always recommend consulting a skilled car accident attorney if you plan to pursue a legal claim. Your attorney’s objective will be to identify all parties that may be responsible for the harm you have suffered and identify all sources of compensation available to you under the law.

What if the Other Driver is Not Insured After a Car Accident?

Car insurance requirements differ from state to state, but nearly every state requires drivers to carry liability coverage, which is intended to protect drivers from the financial burden if they injure someone or damage someone’s property with their car. Typically, when a person is injured in a car accident, that person will sue the other driver’s insurance company for compensation. However, if you have been injured by an uninsured motorist, there is no insurance company to pursue a claim against. Instead, you may be able to file an underinsured or uninsured motorist (UM) claim with your own insurance company to recover compensation for your medical bills and damage to your vehicle, up to a certain amount. However, we recommend consulting an attorney first, to ensure that you understand all of the options available to you. 

Car and Auto Part Manufacturers

Negligent drivers may be the primary cause of car accidents in the U.S., but they certainly aren’t the only cause. Sometimes, car accidents occur because of something that the driver has no control over, such as a vehicle malfunction or defective auto part, in which case blame for the accident may lie with someone else entirely. Recalls for malfunctioning vehicles and car parts that do not meet the safety standards established by the National Traffic and Motor Vehicle Safety Act – which was enacted to protect consumers from the unreasonable risk of accidents occurring as a result of the design, construction or operation of motor vehicles – are alarmingly frequent in the U.S. Every year, millions of vehicles and vehicle parts are recalled due to safety concerns, and many accidents have happened as a result of these recalls and product defects. 

One of the most famous auto recalls in U.S. history happened during the 1990’s, when it was discovered that Ford Explorer vehicles were prone to rolling over as a result of problems with the tread on their Firestone tires. By 2001, more than 200 deaths had been reported in connection with the defective tires. More recently, Japanese supplier Takata Corporation was forced to recall airbags installed in tens of millions of vehicles in the U.S., due to problems with the airbags exploding and ejecting metal shrapnel into the vehicle passenger compartment when deployed during an accident. Unfortunately, car owners would typically have no idea that their vehicle’s airbags may be faulty until they are involved in an accident, which can increase the risk of serious car accident injuries or even death. 

Defectively designed tires, faulty safety devices, software or mechanical malfunctions, and cars that are prone to rolling over are all serious problems that can have devastating consequences for drivers. Those injured in accidents caused by dangerous vehicles or defectively designed auto parts may have grounds to pursue a product liability claim against the responsible car company or auto part manufacturer, regardless of whether or not the malfunctioning vehicle or vehicle part has been recalled. 

Government Agencies

Drivers are responsible for using reasonable care when traveling on America’s roadways, but it is up to the federal, state, or local government agency that owns the road to perform regular road maintenance, make any necessary changes or repairs to roads to reduce the risk of traffic accidents, and, when unexpected hazards do exist, ensure that drivers are adequately warned. When drivers are unaware of dangerous road conditions or swerve to avoid an unexpected hazard and lose control of their vehicles, catastrophic accidents can occur. 

As a result of poor road conditions, thousands of drivers and passengers suffer injuries that could have been avoided had the roadway they were driving on been properly maintained. When a car accident occurs because of a dangerous road condition or a roadway that is poorly designed or maintained, accident victims may be able to file a lawsuit against the government agency whose responsibility it is to ensure that the roadway is safe for travelers. If a hazard exists that the government knew about or should have known about, and the hazard is not promptly or properly addressed, the government may be liable for any car accident injuries that occur as a result of that hazard. The following are some examples of potentially dangerous road conditions that can make car accidents more likely: 

• Missing or incorrect road signs
• Uncleared snow or ice
• Potholes
• Missing guardrails or barriers
• Uneven pavement
• Faded or poorly painted lines
• Unexpected changes in road surface
• Shoulder drop-offs
• Ruts from heavy vehicles
• Poor road design
• Unsafe road work areas

Understanding Comparative Negligence Laws

Determining liability in a car accident can be relatively straightforward if the accident is clearly someone else’s fault. If a drunk driver crosses over the center line and collides with another vehicle, injuring the other driver, it won’t take much to determine that the drunk driver was negligent and is therefore responsible for the other driver’s injuries. In some car accidents, however, fault lies with both parties involved in the accident. An example would be if you ran a red light and, in doing so, your car was struck by a speeding driver. In this case, you may be partially at fault for the accident, which can make your case more complicated. This is known as comparative negligence and it can limit your ability to recoup damages in a negligence-based personal injury claim. How much you can recover for your injuries if your own negligence played a part in causing the accident will depend on your state’s comparative negligence laws.