Whom Can I Sue After a Car Accident?
After a serious car accident in New York City, you may have significant injuries and require expensive treatment. You may wonder whom you can sue after a car accident. Many people do not have enough money saved up in case of catastrophic injuries, and it can be very stressful to face mounting hospital bills during a period when you may be unable to work and are experiencing pain. At Newman, Anzalone & Newman, LLP, our New York City car accident lawyers may be able to provide representation. We look closely at the circumstances and the sequence of events giving rise to the crash.
Often, car accidents are caused by one or more negligent drivers. Your lawyer may be able to hold a negligent driver accountable for your injuries if they caused the accident. To prove another driver's liability in court, we will need to show that it is more likely than not that the other driver owed you a duty but breached the duty and caused the accident, which resulted in damages.
The duty of reasonable care that all drivers owe to others on the road may be breached in many different ways, including texting while driving, drunk driving, driving while fatigued, speeding, weaving, tailgating, driving while distracted, failing to obey traffic signals and signs, or driving aggressively. For example, if the other driver ran a stop sign and T-boned your car at 45 mph, such that you suffered broken bones, a traumatic brain injury, and organ damage, you could likely show that the other driver's negligence caused your injuries.
In certain situations, it may be possible to hold the driver's employer vicariously liable for an accident. Vicarious liability is a form of indirect liability that means that one person or entity can be held responsible for another person's acts. It applies when an employee was in the course and scope of employment at the time of causing the accident. It can be important to establish vicarious liability because the employer may have more substantial resources with which to compensate an injured accident victim than the employee does.
Sometimes parents can be held responsible for children who drive negligently. There are several situations in which liability may arise. A parent could be liable if the accident happened because the parent knew that the child had a propensity toward that conduct but did not act accordingly to restrain the child, such that the parent's failure to act contributed to injuries to others. A parent could also be held liable when a parent and a child driver had a relationship in which the child was acting within the scope of their authority in doing an errand for the parent. A parent furthermore can be held liable under a theory of negligent entrustment. Finally, a parent may be responsible if they approved of a child's negligent or reckless behavior.
Under some circumstances, an accident happens because of a dangerous property condition. It may be possible to hold the owner of the road responsible through a premises liability lawsuit. Often, the owner of a road or highway is the government, and your lawyer will need to establish government liability for the dangerous condition or hazard in the road that caused your injuries. There is a shorter window of time within which to hold the government responsible, so it is especially important to consult an attorney right away if you believe that the condition of the road caused your accident.
In some cases, a defect in a car causes an accident. For example, if the brakes fail in your car, such that you cannot brake in time to avoid hitting a truck, you may be able to hold the manufacturer of the brakes liable by bringing a product liability lawsuit. We will need to show that the car or brakes were already dangerous when they left the manufacturer's control as a result of a design, manufacturing, or marketing flaw.
If you are seriously injured in a car accident in New York City, you may be wondering whom you can sue to get compensation for your injuries. The attorneys at Newman, Anzalone & Newman, LLP provide aggressive legal representation in car accident lawsuits. We represent injured people in Queens, the Bronx, Manhattan, Brooklyn, and Long Island. Call us at 718-896-2700 or complete our online form.