Motor vehicles contribute significantly to both fatalities and nonfatal injuries in the United States, ranking among the
These statistics show the frequency of accidents that can occur in many different ways. It’s more likely than you think that you will be involved in a car accident. Visit this website to learn more about parking lot accidents.
Your course of action when it comes to seeking legal recourse will depend on the circumstances surrounding your auto accident. This article will help you to file your personal injury case by exploring the different types auto accident liability claims.
Claims against another Motorist
When it comes to auto accident personal injury claims, the majority of auto accident claims are filed against the other driver involved in the accident. The other driver is likely to be held responsible for any damages and injuries if they were negligent in operating their vehicle.
Negligent driving can include drunk driving, driving through red lights or distracted driving. It also includes driving without a license. In some cases, multiple drivers may be legally responsible for an accident. This is especially true if there were multiple vehicles involved.
Dram Shop Liability Claim
You may be able to sue the establishment who provided the alcohol that caused the accident. This applies in situations where the establishment knowingly served alcohol to something they knew or should reasonably have known was intoxicated, or to someone below the legal drinking age.
You will need to prove to win a case that the establishment was aware that the person was drunk, but still served them alcohol. Under dramshop laws, bars, restaurants, alcohol retail outlets, as well as individuals like store clerks and wait staff, can be held responsible.
Product Liability Claim
You may be able to file a claim if your car accident was caused by a defective part. In assessing a product liability case, three areas are typically considered:
- Design Defect: The purpose of this is to determine if there was an unreasonably dangerous design defect that caused the product to pose a risk.
- Manufacturing Defects: The focus is on manufacturing defects that happen during assembly or production, before delivery to the client.
- Warning Failures: This refers to inadequate warnings or instructions about the safe and proper usage of the product.
It is not uncommon for product liability cases to involve several people who experienced similar injuries or accidents. A class action lawsuit can be the best option in these situations.
In order to help you file the right claim after your auto accident, it is best to consult a lawyer who has experience in handling these claims.