Who Is Liable When a Third Party Causes a Car Accident?
Fault for an automobile accident in California does not always go to one of the motor vehicle drivers. There is the possibility of third-party liability, meaning holding more than just the other driver liable, or financially responsible, for your losses. According to Los Angeles personal injury lawyers, this option could increase your case outcome by granting you access to more insurance coverage.
What Is a Third Party?
A third party refers to an individual or entity who is involved in the car accident in some way without being physically present during the crash. In a car accident claim, the first party is the person who files, the second party is the other driver directly involved in the crash, and a third party is anyone else at fault or liable.
Common Third Parties in California Car Accident Cases
A variety of factors can contribute to a motor vehicle accident in California. While you may assume that the other driver is at fault, other influences could be at play that you do not immediately recognize. Upon further investigation, one or multiple third parties may have contributed to the car accident or your injuries in some manner.
A Company
Various companies can take responsibility for a car crash in California if their negligence (failure to act with proper care) contributed to the collision. Examples include a vehicle or part manufacturer, a rideshare company, an auto repair shop, a trucking company, a taxi company, or the at-fault driver’s current employer.
The Government
Another common third party in a car accident case is a government agency. This could be the case if a road defect or hazardous condition contributed to the motor vehicle accident. If the state or local government reasonably should have known about the hazardous condition, such as a pothole or faulty traffic light, but failed to remedy it in a timely manner, this could lead to liability.
A Dram Shop
Under California’s dram shop laws, an alcohol vendor can be held accountable for a drunk driving accident in certain circumstances. Generally, the bar, restaurant, liquor store or other licensed alcohol vendor must have knowingly served someone under the legal drinking age of 21 or a patron who was already visibly intoxicated to face liability.
Why Third Parties Are Important
Third-party liability is important for accountability as well as your financial recovery. Identifying third parties in your car accident claim can provide you with access to more financial compensation than a single car insurance policy can. While the other driver may not have enough insurance to fully cover significant damages, a third-party claim could bridge the gap. It can also bring all responsible parties to justice.
When to Consult With a Car Accident Attorney
It can be difficult to identify and prove third-party liability on your own as a crash victim in California. Finding third parties often takes a comprehensive investigation of the car accident. An analysis of road conditions and vehicle recalls may be necessary, for example, to determine if the government or a part manufacturer is partially at fault. Speak to a car accident lawyer in Los Angeles as soon as possible after a motor vehicle collision to discuss the possibility of third-party liability. In California, you only have two years to file a car accident lawsuit under the statute of limitations. The sooner you contact an attorney, the higher your odds of securing fair compensation from one or more parties will be.