Determining Liability When a Third Party Causes a Car Accident
When it comes to car crashes, a common assumption is that one or more of the motorists involved is responsible. However, this is not always the case. Sometimes a third party that is not directly involved in the accident may be at fault. Cases, where third parties are at fault are naturally more complex and warrant extensive investigation to develop a causal link between the third party and the collision.
In such cases, it is crucial to work with a lawyer with vast experience in vehicle accident cases and a proven track record of holding third parties fully liable. Moreover, it is vital to engage a lawyer as soon as possible in the case before important pieces of evidence become more challenging to recover. A number of third parties may be held responsible in a vehicle wreck, including:
Passengers
A vehicle passenger could be held responsible for a vehicle crash if they do something that causes the driver to get into an accident. For instance, a front-seat passenger grabs the steering wheel and moves the vehicle to the right while the car is traveling at high speed. Furthermore, passengers are notorious for encouraging bad driving behaviors, particularly among teens, although this would be more challenging to prove in court.
Automobile Owners
Auto owners are typically responsible for their cars, regardless of who is driving. For instance, if a vehicle owner lends their car out to an inexperienced and/or irresponsible individual, the owner could be held at fault for negligent entrustment. This also holds true if they lend their vehicle to someone who was inebriated or did not have a valid driver’s license.
Liquor Establishments
Like most other states, Alabama has what are known as “dram shop” laws. These laws permit someone to go after the individual or entity that provides alcohol to a person who was obviously intoxicated. This most typically occurs in a bar where the bartender continues to supply alcohol to a clearly drunk patron. However, the law is not applicable to every case of a drunk person being served alcohol. There must be convincing and clear proof that the individual was intoxicated, which will typically include camera footage and eyewitness testimony.
Employers
Employers who allow employees to operate company vehicles are liable for accidents that occurred during working hours and while an employee is undertaking occupational duties. Further, if an employee is driving a personal vehicle but performing a duty within the scope and course of their employment, this may still apply.
Vehicle Repair/Maintenance Providers
When a car accident occurs due to a mechanical failure, a mechanic or auto repair shop may be at fault. For instance, negligent maintenance can happen when a mechanic installs faulty parts, fails to identify a necessary repair, or causes damage to the automobile during the course of making repairs.
Automobile and Auto Part Makers
At times, vehicle crashes occur due to defective automobile designs or parts. For instance, newly installed brakes that failed to halt the vehicle or brand-new tires that blow out while speeding down the highway. When an auto defect leads to a vehicle crash, the manufacturer, designer, or any other party within the automobile’s supply chain could be held accountable.
Government Entity
The city or town, county or state government authorities maintain roads. Thus, if the crash caused your injury due to faulty roadway design, reckless maintenance, or another shortcoming on a government agency’s part, you would need to file a claim against the appropriate government body if you want to recover compensation.
Holding a Third Party Responsible for an Auto Accident
As discussed above, holding a third party liable for a car crash is extremely challenging, and this type of case will be more complex than a typical vehicle accident where the question of responsibility is between two motorists. This is particularly true in Alabama, where the doctrine of pure contributory negligence prevents an injured party (in most cases) from collecting damages if it is established that they share any responsibility for the wreck.
Your lawyer will evaluate all of the pertinent factors to understand the exact cause of the accident and attempt to develop a robust link between the crash and the party that caused it. Various expert witnesses may be brought in to help substantiate the claim. The views of an expert witness can be invaluable in solidifying the claim and ensuring that the victim is able to get fair compensation for their injuries.
Injured in a Car Crash in Alabama? Consult a Seasoned Auto Accident Attorney
If you or someone you love was hurt in a vehicle accident in AL, you require an experienced lawyer in your corner working tirelessly to ensure that you receive the rightful compensation you deserve. Contact the Smith Law Firm as soon as possible after the accident. We will take the time to understand the specificities of the case and determine who might be liable to pay compensation for your injuries. For a no-charge case review, call today at (334) 702-1744.
