In the majority of car accident claims, it is necessary to determine who caused the crash. When a case goes to trial, the courts will usually hold the negligent driver accountable for damages, and if only one driver is negligent, a judge will typically declare him or her liable for the injuries and damages that occurred.
In most serious car accidents, it is possible to prove that one driver was more negligent or at fault than the other; however, there are occasions when an individual who was not driving at the time acted negligently and caused the accident indirectly. There are also situations when the driver is at-fault, but another party is also legally responsible.
An Attorney Can Help You Understand Fault and Liability
If you are unsure how to determine who is at fault for your accident or are looking for assistance from a skilled Alexandria personal injury lawyer, give Morris Bart, LLC a call. We have a team of more than 50 attorneys ready to assist you, and we can assess your case to determine if you may be eligible for compensation.
We are a contingency fee personal injury firm with 15 locations. We serve injured victims of car accidents in all parts of Louisiana, Mississippi, Alabama, and Arkansas. If successful, we may be able to recover damages associated with lost wages and medical bills. Call us today at (800) 537-8185 to schedule an appointment.
For a free legal consultation, call 800-537-8185
Here Are Three Circumstances When the Driver May Not Be Liable for Injuries in a Collision:
1. Employees
Under certain circumstances, the law may hold the driver’s employer responsible for any crashes or injuries that occur during the course of the employee’s working day. This generally occurs under statute or case law, thanks to a legal doctrine known as respondeat superior. It is most common with drivers of commercial vehicles, although it may apply in other cases, as well.
Examples of these laws and rulings include:
- Louisiana: La. Civ. Code Art. 2320
- Mississippi: Miss. Code Ann. § 75-89-15
- Alabama: St. Louis-San Francisco Ry. Co. v. Robbins (1929)
- Arkansas: Davis v. Kukar (1962)
According to Louisiana State University, if an employee crashes while in a private vehicle, he or she may still receive coverage for a certain amount of damages, though there are certain limits and restrictions that apply to this scenario.
In most traffic accidents involving this type of vicarious liability, both the driver and their employer may be legally responsible for the crash and damages that occurred. You may choose to work with a truck accident attorney familiar with these cases so that you do not have to take on a large company on your own.
2. Children
According to the Louisiana Law Review, there are certain circumstances where the courts will hold an adult liable for any injuries or damage that occur while a child is driving his or her car. This includes if a parent negligently lends a car to a minor with the knowledge that the child is not experienced enough to drive.
For example, imagine a parent allows their 14-year-old to drive occasionally. If that middle schooler causes a crash, the parent will likely be found negligent because the child is not old enough to have a learners’ permit or drive on public roads. If the child was driving on their own, the parent would likely face additional criminal and civil penalties.
You may find it difficult to value and document your expenses and losses after a crash, especially when it has this type of complexity. An attorney can handle the claims process for you while you focus on healing from your injuries.
3. Incompetent Drivers
According to Louisiana State University, an individual who hands possession of his or her car to someone who is an incompetent driver may be liable for damages. If the incompetent driver causes a serious crash with property damage, fatalities or injuries, affected individuals may possibly seek damages from the vehicle’s owner, as well as or rather than the incompetent driver.
Under these circumstances, you may need to prove that the vehicle owner knew the driver was incompetent and that he or she negligently handed over possession of the vehicle. This often occurs when the incompetent driver or both parties have been drinking. As a car owner, you should never lend your car to someone knowing they could put others on the road in danger.
In some cases, the incompetent driver may not have a car of their own or carry auto liability insurance, which is why claims often target the car’s owner instead. These cases can be difficult to prove, so you may want to work with a lawyer familiar with this scenario.
Holding the Liable Parties Responsible for Your Crash Injuries
If you sustained injuries in a car crash, it is important to remember that there may be multiple avenues to explore in order to recover damages. You could be eligible for compensation for various expenses related to the accident.
A great place to start is with a complimentary consultation with an attorney who handles traffic accident claims and lawsuits. The complexity of your case may call for having someone on your side who is familiar with how the state and local laws and civil courts view vicarious liability and other legal doctrines.
Most car accident law firms provide free case assessments to collision victims. You can learn more about your options for seeking justice and compensation during this no-obligation meeting with a lawyer. They also offer contingency-fee representation.
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Speak With a Lawyer from Morris Bart, LLC for Free Today
At Morris Bart, LLC, we have experience handling personal injury cases like yours, and our legal team can help you through the process. We provide complimentary initial consultations with a lawyer near you. Call us today at (800) 537-8185 to schedule an appointment with a skilled and trusted Alexandria personal injury attorney.
Questions?Call 800-537-8185
to find a Morris Bart office near you.
