Call for a FREE Evaluation
phone icon 502-222-2222Call
Parties Liable for a Car Accident

Who Is Responsible for the Car Accident?

August 13, 2020

The question of liability is crucial in any car accident. Determining who is at fault affects your ability to obtain the compensation you deserve for the injuries you have sustained.

As a result, insurance companies commonly try to place blame for the accident on someone other than their insured. If you have been injured in a crash, it is important to contact an experienced car accident lawyer as soon as possible to protect your rights.

The Karl Truman Law Office has extensive experience representing injured clients in car accident claims. Our lawyers know how insurance companies try to pass the buck, and we will conduct a comprehensive investigation to ensure that you recover all of the compensation to which you are entitled.

For a free consultation, please call the Karl Truman Law Office at (502) 222-2222 in Louisville, Kentucky. Accident victims in and around Jeffersonville, Indiana, can call us at (812) 282-8500.

Liability of a Negligent Driver

Most car accidents are the result of negligence on the part of one or more drivers. There are many ways a driver may be at fault for the accident, including:

  • Excess speed
  • Failure to yield or stop at a red light or stop sign
  • Failure to check blind spots before changing lanes or merging
  • Aggressive driving, such as tailgating
  • Turning into oncoming traffic
  • Failure to adjust for inclement weather and animals crossing the road
  • Reckless driving

Reckless driving can take a variety of different forms. It often involves some form of distraction, from loud music and talking to passengers to distracting activities such as texting and driving.

Perhaps the most egregious form of negligence behind the wheel is drunk driving or operating a car while under the influence of drugs. The dangers of these activities are well-established, and yet impaired driving continues to be a leading cause of accidents involving serious injuries and fatalities.

The 2018 Traffic Collision Fact Book from the Kentucky Transportation Center reports 113 fatalities from accidents involving impairment. The Indiana State Police recorded 83 deaths in drunk driving accidents in 2018. (Statistics are from the most recent year available for both states.)

Dram Shop Liability for Car Accidents

Due to the dangers inherent in drunk driving, many states have instituted dram shop laws to hold individuals and businesses accountable for overserving an intoxicated person who later causes a wreck. In Kentucky, only businesses such as bars, restaurants, and liquor stores are liable in these cases.

Meanwhile, the dram shop law in Indiana makes it possible to take action against a business as well as an individual for knowingly providing alcohol to someone who is likely to be a danger behind the wheel. This is known as “social host” liability.

‘Near-Miss’ Accidents

Although the majority of accidents involve a collision of two or more vehicles, driver negligence can also contribute to single-car accidents. After a near-miss, drivers may be forced off the road or lose control of their vehicle, avoiding one accident only to get into another.

Near-misses are more commonly a factor in motorcycle accidents, but they can happen with passenger vehicles as well.

Liability of Commercial Drivers

Although some delivery drivers require a special license and commercial vehicle to transport goods, others simply perform deliveries using their own vehicle. With the popularity of rideshare apps like Uber and Lyft, many average motorists spend part of their time on the road transporting people in exchange for money.

If these drivers cause an accident while they are on the job, their employer may be partially at fault for the accident. Negligence on the part of the employer may involve pressuring drivers to make deliveries on time at the expense of public safety. Employers may also be liable for failing to screen drivers for previous violations and drug or alcohol use.

Liability of an Automaker or Parts Manufacturer

Sometimes an accident may not be the fault of the driver. From single-car accidents to multi-car collisions, defective vehicles and parts present a serious risk of crashes that can result in serious injury or death.

If a defective auto part caused your accident, the company that made the car or the individual component may be liable for your injuries.

Product liability claims are significantly more complex than many car accident cases. It is important to contact a lawyer experienced in these claims to improve the likelihood of obtaining just compensation.

Liability for Dangerous Road Conditions

It’s easy to think of bad roads as just a part of life. Unfortunately, many car accidents are caused by dangerous road conditions stemming from the negligence of government agencies, construction companies, and other parties.

Some of the ways these parties may be liable for car accidents include:

  • Failure in the planning stage to account for issues such as poor visibility, sun glare, and traffic flow
  • Improper construction of the roadway, such as uneven paving, inadequate grading of the road, and failure to install proper drainage systems
  • Failure to post warning signs for dangerous curves, animal crossings, and other issues
  • Failure to maintain the road, such as not repairing potholes, removing debris, or plowing and treating snow and ice
  • Failure to install and maintain safety features such as guardrails, street lights, and road markings

The liability is complicated in car accident cases arising from unsafe roads. Your claim will require extensive investigation and input from road safety experts. The lawyer or law firm you choose should have the experience and resources to handle complex litigation.

Our Car Accident Lawyers Can Help with Your Case

The Karl Truman Law Office has been serving clients in Kentucky and Indiana for nearly 30 years. When investigating a car accident claim, our lawyers will delve into the facts of the case in order to identify all of the parties that may be responsible for your injuries. Then we pursue the full compensation you deserve.

Our team is not afraid to go up against insurance companies, corporations, government agencies, and other major parties to seek justice in your case. Find out why you can Count on the Colonel.

For assistance in and around the Louisville area, please call (502) 222-2222 today. Or, if you were injured in the Jeffersonville area, call us at (812) 282-8500. Your initial consultation is free.