Who Can Be Sued in a Car Accident Case?
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A car accident lawsuit may be filed against any party whose carelessness had a role in causing the collision. It is possible to file a car accident lawsuit claim against more than one responsible party in some car accident lawsuits in certain jurisdictions if many persons are to blame for an incident.
In the event of a vehicular collision, the following individuals or entities may be held legally responsible:
The Other Driver
On occasion, the other motorist in a collision is found to be distracted driving and is the one who should shoulder the blame. It could be less difficult to ascertain whether the other driver’s carelessness led to the collision if it involved just two cars.
You may file a personal accident case against the other motorist if, for instance, they rear-ended you while they were texting and driving.
It may be harder to assign blame in a severe accident exceed a Colorado Springs car accident involving many cars. The National Highway Traffic Safety Administration File that multi-car accidents are more likely to result in fatalities than single minor car accident two-car collisions. Two- or more car accidents were responsible for around 40 percent of all deaths.
It’s more difficult to determine who was at blame if one motorist rear-ended the car in front of them and then that car smashed into you. They were both following too closely. Therefore it’s possible that all three drivers are to blame for the accident happened.
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The Car Manufacturer
It’s possible that the malfunctioning car or component contributed to the chain of events that led to the collision—according to the NHTSA, car component failure accounted for around 2% of crashes. In such a scenario, you may be able to file a car accident claim for damages against the car’s maker’s own insurance company or the maker of the defective component.
If you file a lawsuit against the automaker, you will most likely be involved in a product liability case. Product liability law may, in certain circumstances, impose “strict responsibility.” You need only show that the product was defective and its usage harmed you.
For other product liability claims, you’ll need to show that recklessness occurred during the distribution process. The corporation may have failed to warn customers of a potential risk, or there may have been an issue with the product’s production or design.
A product and liability insurance claim may be invalidated if you or the other party or driver had reason to suspect that anything was wrong with the car yet did nothing to address the problem. You or the other party may speak with a Colorado Springs car accident lawyer to determine the best course of action for pursuing financial compensation.
The Auto Repair Company
An auto repair shop might have been negligent if they mended your car lately, but the same faulty part they corrected caused you to crash. For negligence to be shown, it is necessary to have expert witnesses demonstrate the following in most or most car accident cases:
The auto repair company has a legal obligation to provide you with a certain level of service
In terms of how well they would fix your car)
They did something careless
You were hurt in a Colorado Springs car accident directly or indirectly caused by the defendant’s negligence.
You may be able to hold the car repair shop liable for your accident if you provide evidence of the above.
A Government Agency
Accidents may happen, and it’s possible that the government agency responsible caused them. You may be eligible to file a lawsuit against the government agency if you were injured in car accident claims or a severe accident report. Colorado Springs: car accident claims caused by a worker using a government car.
Suppose the insurance company believes the government agency in charge of the road is to fault for your accident because of a malfunctioning traffic signal, poor road design or flaw, or another danger on the road. In that case, they may be held liable for your damages.
It’s not the same as suing a private company or an individual, a personal injury lawsuit, but you may have the legal right to file a personal injury case against a government organization. In some instances, you may have less time than is customary for a personal injury claim to bring a lawsuit due to the statute of limitations. Legal representation for personal injury cases against the government might provide added safety.
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How Fault Works in a Colorado Springs car accident Lawsuit
You need to know how blame is assigned to determine who may be sued for property damage after a car accident. In Colorado, like in most of the United States, the person found at responsibility must pay for all expenses associated with property damage done with a Colorado Springs car accident they caused. According to Section 51-12-4 of the Colorado Code, the aggrieved person may also sue Someone for monetary damages.
Comparative Fault in Colorado
In addition, Colorado follows a modified version of the comparative Fault (or comparative negligence) rule that allows many parties to share liability. If you are less than 50% at blame for the losses alleged by the car insurance company for coverage, you may still be able to get insurance coverage and submit a car accident claim for reimbursement under Colorado Law 51-12-33.
How much compensation you are entitled to based on your guilt?
Consider a hypothetical car accident in which you were found to be 10% the at-fault driver to blame and the other driver to be 90% the at Fault driver for the accident. You and your auto accident attorney determine that your losses total $20,000 after the incident. Because you contributed to the car accident lawsuits by 10%, your $20,000 in damages would be reduced to $2,000 (10% of $20,000). A sum of $18,000 would be given to you.
The other driver caused the insurance company’s best interest. The provider may attempt to limit their responsibility under the law by arguing that the policyholder bears some blame for the accident. The other driver the insurance company’s best interest the insurance company can try to pin part of the blame on you if you sue or make an insurance claim against them. It might mean less money for you if you win any damages.
If you sue Someone besides the other motorist for causing your car accident, you’ll need to have who can be sued in a car accident case ready to show that they were to blame. To that end, we must assemble the following:
Take pictures of the accident scene, your injuries, and any damage to your car.
Documentation from law enforcement
Evidence: witness statements and your medical records
Invoices and related paperwork
To prevent the other motorist and their own insurance company or car insurance company from trying to decrease the amount they must pay you, you must prove your innocence (and their responsibility). For this reason, whether you decide to either sue someone or the other driver involved in court or not, you are strongly advised to get legal representation after a Colorado Springs car accident.
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Suing Someone in a Colorado Springs car accident Case Is Usually Not Necessary
Fortunately, most car accident cases are settled before a lawsuit is filed. Working with a skilled and experienced car accident attorney may be beneficial in a personal injury lawsuit in the following ways:
Figure out how much money you’ve lost because of the accident;
Prove that the other motorist was at blame;
Construct a solid personal injury claim to submit
The insurance company of the individual who caused the accident.
Get a satisfactory settlement via negotiations with the insurance company. Prevent the need for legal action.
Negotiating With the Insurance Company
If you are concerned that the insurance company may reject or undervalue your claim or your insurance policy will not provide enough money to compensate for your losses, hiring a Colorado Springs car accident lawyer to handle the case is not required but is strongly suggested. Your Colorado Springs car accident attorney will be able to calculate the full extent of your losses and recover compensation for certain expenses and recover compensation, including the cost of any necessary long-term care.
During discussions, your Colorado Springs car accident attorney will compile all the proof you need to show blame and all your other medical expenses due.
Lost wages from missed work time
Pain and suffering
Long-term treatment, such as physical therapy
Your Colorado Springs car accident attorney will calculate a preliminary settlement offer and give it to the other party’s insurance company for coverage of the other party for an insurance settlement. The other party’s insurance company usually rejects the first offer, and they may counter with a shallow settlement offer in hopes you would accept it. Yet, it would be best to realize that this is nothing near enough to compensate you for your losses and that you are entitled to much more.
Now, your Colorado Springs car accident attorney will begin working on getting you the money you need and to pay you the maximum compensation you deserve from the insurance company.
Your objective with an experienced car accident attorney should be to settle out of court with an insurance policy that compensates you for your losses. Sometimes, though, no amount of back-and-forth with your Colorado Springs car accident attorney and the other driver’s insurance company will result in a fair settlement. Suing the negligent motorist is an option if this occurs. Get a Colorado Springs car accident lawyer to protect your interests during the proceedings.
Other Parties That Could Be Held Liable
It’s possible that more than just the other motorist in the collision is to blame for minor car accidents. There may be several more liable parties. The government entity in charge of maintaining the roadways in question may be held responsible as liable party for a Colorado Springs car accident caused by, say, potholes.
The manufacturer of a defective car may be held legally responsible for any resulting injuries or damages. One such scenario in which a repair shop might be liable is mishandling a customer’s car during maintenance.
It is also possible to file a car accident claim against a motorist who was not involved in the collision but whose negligence contributed to the incident. However, locating a motorist who was not directly involved in the accident victims in the car accident cases or victims in the car accident cases might be challenging.
If You Are Going to Sue, You Must Act Quickly
It would be best not to wait to file a lawsuit against anyone at Fault. There is often a two-year window in Colorado from when the police report a Colorado Springs car accident for an injured party to bring a lawsuit for damages. If you are suing an insurance company believes a government agency, the time limit for filing a case might be shortened.
Hiring a skilled car accident lawyer is the best way to ensure you don’t miss any important deadlines. Your Colorado Springs car accident attorney may check your personal injury case’s status and ensure all required documents are submitted on time. Don’t give up on getting the money you deserve after a Colorado Springs car accident.
Contact Us for Help
Warrior Car Accident Injuries Attorneys are here to assist you in filing a car accident claim for compensation for medical attention after an auto accident, which can be a complex and time-consuming process. If the car accident victim claims it was anyone else’s Fault, and it resulted in your injuries, they should be the ones to cover your medical bills, not you.
Helping you collect evidence, assign blame, and negotiate with the at-fault party so that you can get compensation for things like your medical treatment expenses:
Prescription medication costs
Car repair or replacement costs
Pain and suffering
Funeral and burial expenses in wrongful death cases
A representative at Warrior Car Accident Injuries Lawyers can inform you who may be sued for your car accident and how much of a settlement you may be entitled to. To schedule your risk-free consultation, please call us at 719-300-1200 right now.
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