Who can be sued in a car accident case?

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who can you sue in a car accident, woman on phone at car accident sceneIf you’ve been involved in a severe car accident, you may be wondering what is at stake and who can be sued after the incident. While minor car accidents typically don’t require legal action, many car accident cases involve suing the at-fault party for damages related to the accident. Who can you sue in a car accident case include the following:

  • Drivers
  • Car insurance companies
  • A commercial driver’s employer
  • Car manufacturers

Each of these is appropriate in different scenarios and types of accidents. Negligence needs to be proven in order to receive compensation for the damages. The details of your accident will determine if you should sue, who can you sue in a car accident, and what you should sue for. 

In Georgia, you cannot sue the other party if you’re responsible for more than 50% of the accident.

Drivers

Generally speaking, the first person that people turn to for damages is going to be the driver of the vehicle that hit them. After all, that person was the proximate cause for your injuries or property damage. While suing the other driver might be the first thought, there are many more avenues for recourse a victim can take based on the circumstances of the case. 

Car Insurance Companies

In most cases, the best route for who can you sue in a car accident is to sue the at-fault party’s car insurance company, provided the driver has insurance. Even though car insurance is required by Georgia law, it’s not always the case.

This is the best avenue to pursue since the company assumes liability for paying. Even if someone else was driving the car that hit you, you can sue the owner of the vehicle and their car insurance provider. 

A Commercial Driver’s Employer

If a commercial vehicle was involved, such as a trucking company, you can sue the driver’s employer. You are allowed to do this because commercial drivers must adhere to strict on-road standards of conduct. Any history of repeated infractions, criminal background, or substance abuse is enough to hold the trucking company responsible.

Car Manufacturers

A less common route to pursue is to sue a car manufacturer. Car manufacturers must ensure that the products they produce are safe to operate under a wide range of conditions. If they do not, you can hold them liable for damages. 

It is important to note that average wear and tear will not entitle a person to sue a car manufacturer. Fundamental design flaws or defects must be discovered, such as when Kia engines would inexplicably seize up or when Ford Ranger airbags would explode in the faces of drivers after deploying.  

What Damages You Can Sue For

Medical expenses are very common after a car accident injury. There are a whole host of medical bills that can be covered in a settlement, including hospital bills, ambulance bills, physical therapy, counseling, in-home care, and more. Suing for medical expenses is one of the main ways to recover damages – but not the only one.  

Due to their injuries, victims may be unable to work and can claim lost wages. If the injuries sustained were particularly horrific or permanent, suing for pain and suffering as well as disfigurement are two more options. 

Finally, look into suing for property damage to the vehicle itself and any possessions inside that were damaged.

How a Car Accident Attorney Can Help

The rules regarding car accident lawsuits are incredibly complex and fraught with loopholes that can trip up most people. Hiring an experienced car accident attorney will allow you to navigate this legal area with peace of mind. 

As is common in these kinds of cases, insurance companies may try to coerce, bully, or intimidate clients into an early settlement that is far below the real value of your case. Mike Rafi has won over $45 million for his clients and is highly experienced in dealing with big insurance companies and others who may use tactics to lower or deny a settlement. 

Rafi Law Firm will help you build a strong case, prove the negligence of the at-fault party, and prepare for any defense tactics that may be used against you. 

Contact Rafi Law Firm Today

No matter how complicated your case seems, let Mike Rafi take the reins so you can get you all of the compensation you deserve. With years of experience as a car accident lawyer in Atlanta, you can rest knowing you are in good hands.  Call 404-948-3311 or send us a message to get your free case evaluation now!

2020-11-12T15:05:22-05:00