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Who is at fault for my car accident?

| Jul 19, 2021 | Car Accidents

Victims of car accidents can suffer physical injuries, as well as emotional and financial damages. In order to recover damages after a car accident, you will need to file a personal injury lawsuit against the parties responsible for the crash.

Which parties can be liable for an accident?

The parties named as defendants in the suit will depend on the circumstances surrounding your car accident. The following parties are often liable for Indianapolis car accidents.

Drivers

Most car accidents are at least partially caused by the negligence of one or both drivers. Some common forms of driver negligence include:

  • Driving at an excessive or unreasonable rate of speed
  • Failing to yield the right-of-way
  • Failing to pay attention
  • Following too closely
  • Unsafely merging into traffic
  • Driving while intoxicated

Vehicle owners

Vehicle owners can be liable for an accident for negligently entrusting their vehicle to a driver who does not have a valid driver’s license, is under the influence of alcohol/drugs, or is otherwise unqualified or incompetent behind the wheel.

Employers

Many employees need to operate motor vehicles as part of their jobs. If an employee causes an accident, while within the course and scope of his or her employment, their employer may be liable for their negligence behind the wheel. Employers can be held liable for a car accident caused by their employees under various theories including:

  • Negligent entrustment – An employer negligently entrusted its vehicle to an incompetent or reckless employee.
  • Negligent supervision – An employer failed to properly supervise the employee behind the wheel.
  • Negligent hiring – An employer negligently failed to conduct proper background checks or
  • Negligent training – An employer failed to properly train the employee operating the vehicle
  • Vicarious liability – An employer can be held vicariously liable for the negligent actions of their employee under the theory of respondeat superior.

Many parties can be responsible for the occurrence of an accident. A personal injury attorney can make sure all responsible parties are listed as defendants in your suit so you can recover the damages you are entitled to.

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