Who Is To Blame In A Car Accident?
All You Need To Know About Driver Vs. Owner Liability
Let’s outline two main parties involved in a car accident: the driver and the car owner. If you get into an accident and decide to file a car accident lawsuit, you must weigh your options before deciding who to sue.
In most situations, the driver of a vehicle involved in an automobile accident is liable for any damages incurred due to the collision. That isn’t always the case, though. You may have a claim for damages against more than one person if the car driver is not the owner of the vehicle. A car accident attorney can assist you in sorting out the situation and defend your rights.
Car Accident Liability
Driver Vs. Owner
Texas is a tort-based jurisdiction, which means you will seek compensation for your damages from the party who caused your vehicle accident. Before you may collect appropriate compensation for your medical expenses and other damages, your injury lawyer must assess and prove fault.
In some situations, the driver who caused the accident is not the only one held liable for your losses. If the driver who caused your accident was an employee operating in their official role, you could file a lawsuit against the driver’s employer.
Vicarious liability is the legal term for this concept. It’s worth noting that vicarious liability only applies if the person was operating in the course and extent of their customary duties as an employee.
Liability For Negligent Entrustment
According to Texas law, if the owner of a vehicle knows that the driver was irresponsible, incompetent, or inexperienced, the owner is liable for the damages caused by the driver. Liability for negligent entrustment is the legal term for this.
As a result, auto insurance follows the vehicle rather than the person. You are liable for damages if you allow another individual to drive your car and cause an accident. Drunk drivers are examples of unfit or incompetent drivers.
There may, however, be difficulties. Insurance companies may debate about liability to avoid paying the claim. The automobile owner’s insurance company may contest liability for the crash’s cause.
Before giving a statement to the insurance company or signing any forms for the insurance company, as with any vehicle accident claim, it is usually prudent to consult with an attorney. The injury claim may be more complicated because the driver is not the vehicle owner.
Car Accident Attorneys In Williamson County, TX
At Elissa I Henry Law Firm, our car accident attorneys can investigate the collision to determine who is responsible for your injuries and vehicle damage. You maximize your chances of getting total compensation by identifying all potential parties who may be liable for damages.