Who Can Be Held Liable for My Injuries?
If another party caused or contributed to your car accident, you have the right to hold them liable for the losses you incur due to your injuries and vehicle damage. Unless the party voluntarily admits fault, you will need to show that the party acted in a negligent manner in order to obtain compensation. Negligence can come in many forms and different parties can be negligent. The following are some examples of parties that are commonly held liable in Atlanta car accident cases:
Other drivers. The majority of car accident claims are filed against other drivers for negligent actions and inactions on the roads. Drivers are negligent when they fail to operate their vehicles in a reasonably safe manner based upon the roadway and weather conditions. Examples of negligent driving include: drunk driving, distracted driving, fatigued driving, violating traffic laws, aggressive driving, and other dangerous behaviors.
Car manufacturers. Auto companies have the duty to make cars that will be safe for consumers to drive. However, cars often make it onto the market with defective brakes, airbags, accelerators, ignition switches, tires, and other faulty components. When these defective parts malfunction, drivers can lose control of their vehicles and crash. In this situation, the car manufacturer that sold the defective car can be held liable.
Businesses. Employers, both large and small, are responsible for the conduct of their employees, including drivers. Our law firm has recovered millions of dollars for seriously injured clients as a result of pursuing claims against corporations, partnerships, companies, and other business entities when their drivers cause car accidents. Georgia law holds that when someone is doing an errand for a business, or otherwise driving within the course and scope of his or her employment, the business can be held liable for any accidents that occur during this time. Most businesses carry a substantial amount of liability insurance which covers negligence by their employees.
Municipalities. Roads should be properly inspected and maintained by the local or state government, depending on the particular road or highway. If the government, or a contractor hired by the government to perform road work, does not adequately take care of the roads and allows hazards to persist without properly warning drivers, such hazards can lead to collisions. If you crashed because of a pothole, uneven pavement, dangerous intersection or turn, malfunctioning traffic signal, or another roady defect-related reason, the government or a contractor may be at fault.
An attorney can help you negotiate a fair settlement if possible, or pursue claims through trial, if necessary. If an insurance settlement offer will not cover your damages, you have the right to seek recovery by filing a claim for personal injury in civil court. This is a complex process and it is important to have the guidance of an experienced attorney throughout your car accident case.