Who Can Be Sued in a Car Accident Case?
Knowing who can be sued in a car accident case may depend on a few factors. You might be able to seek compensation from:
- The at-fault driver if their negligence caused the collision
- An employer or business if a commercial vehicle was involved
- A municipality if a government vehicle was involved
- Your own insurance company if the at-fault driver was uninsured
If you hire a personal injury lawyer or law firm to help you sue for compensation, they can help you determine the right party to pursue. They could also help you prove the at-fault party’s liability and establish the monetary value of your lawsuit.
Damages You Can Sue the At-Fault Party for
Once you and your legal team identify the appropriate party to sue for financial compensation, you may turn your attention to knowing what and how much to sue for. Your recoverable damages may include:
- Pain and suffering
- Forced income loss
- Required medical care
- Property damage or loss
- Mental and emotional trauma
- Disabilities and disfigurement
The lawyer who represents you can help you understand how to calculate your financial expenses and losses and assign an accurate value to your lawsuit.
How to Pursue Your Own Insurance Provider for Damages
In 2015, up to 13% of drivers in Louisiana did not have insurance coverage, according to Insurance Information Institute (III) data. If you were injured or sustained property damage in a collision with an uninsured driver, you might still have options for financial recovery from your own insurer if you have uninsured motorist protection.
Even if the at-fault driver was insured but did not have enough insurance to cover your costs, you might be able to get additional compensation from your own insurer if you have underinsured motorist protection. The legal team that represents you can guide you through the process of getting financial compensation from your insurance provider.
Compile Evidence that Identifies the At-Fault Party
A car accident might generate a massive amount of paperwork—documents and other forms of evidence that could help identify the at-fault party. The at-fault party bears liability for the financial aftermath of the accident. Helpful documents include:
- Crash report: The information submitted to police at the scene of an accident might help your legal team identify the at-fault party.
- Vehicle registration: Information from the vehicle’s official documents might indicate the owner if he was not the driver at the time of the accident.
- Witness statements: Information taken from witnesses can help identify a hit-and-run driver or one who denies liability.
- Photo and video footage: You can include images of both damaged vehicles from multiple angles, your injuries, and the accident scene.
Your crash report may also indicate causes and contributing factors on the part of the at-fault driver, such as drug or alcohol involvement or traffic violations. It may also contain impartial witness statements and capture objective notes and diagrams from the investigating officer.
Identify the At-Fault Party Right Away
The sooner you identify the at-fault party, the sooner you and your legal team can start building a solid case against them. With enough time, your lawyer can file your lawsuit by the statute of limitations deadline. Not filing your lawsuit on time might have adverse consequences, as the American Bar Association (ABA) notes.
These include:
- Not being able to file your lawsuit at all
- Having your lawsuit summarily dismissed
- Having no ability to compel compensation from the liable party in your accident
In addition to adhering to the statute of limitations, involving a personal injury lawyer in your fight for compensation might mean they have time to fully investigate your accident and help you fight for monetary recovery.
Identify the At-Fault Party in Your Car Accident Case with an Attorney’s Help
Sometimes, it can be challenging to determine who can be sued in a car accident case. If you were involved in a car accident that makes the at-fault party difficult to determine, our legal team is here to help.
We can accurately assign liability, prove your potential right to compensation, and negotiate a favorable financial settlement on your behalf. Contact Laborde Earles Injury Lawyers today at (337) 777-7777 to start exploring your financial compensation options today. Our pay is based on contingency, so you will not owe us anything upfront or out of your pocket unless and until you receive compensation.
