December 19, 2024
Auto Accident

If you suffer injuries in a car accident, you can file a claim and seek compensation against the driver responsible for the collision. However, filing a claim can become more challenging if you are involved in an accident with more than one party.

Some accidents may involve multiple parties who face liability for your damages. But you can rely on your Montgomery car accident lawyer from The Vance Law Firm Injury Lawyers to investigate, identify the parties involved, and help you file your claim.

How Does Fault Affect Your Car Accident Case?

The affirmative defense of contributory negligence applies to Alabama personal injury cases. This defense means that you cannot recover damages for your injuries if you bear any fault in the accident.

Personal injury claims in Alabama require showing four basic elements to establish fault:

  • Duty of Care: The negligent party should have acted responsibly, such as by driving carefully and obeying all traffic laws.
  • Breach: The negligent party did not exercise their duty of care; for example, they were speeding or didn’t stop at red lights.
  • Causation: The careless behavior of the negligent party caused your injuries.
  • Damages: You sustained damages resulting from the accident.

Working with an attorney who can prove you were not at fault for an accident is essential in Alabama. Your lawyer can determine who caused the collision based on police reports, videos, and photos taken at the scene. Your attorney can also interview witnesses to determine what happened and to prove the other parties caused the accident.

When Can Multiple Parties Be Liable for the Accident and Your Injuries?

Numerous parties can be responsible for a motor vehicle accident in Alabama. These accidents include:

Multi-Vehicle Accidents

A multi-vehicle pileup occurs when a driver’s negligent actions lead to a chain reaction between two or more vehicles. They involve:

  • Aggressive driving on the road, like tailgating and running stop lights and signs
  • Excessive speeding, which can lead to loss of vehicle control and higher crash severity
  • Distracted driving such as texting, eating, and other actions that can take the driver’s focus off the road

A study conducted by the National Highway Traffic Safety Administration (NHTSA) found that drivers were distracted at intersections with traffic lights and misjudged the actions of other drivers. As a result, over 50% of car accidents occur at or near intersections, according to the Federal Highway Administration (FHWA). These accidents resulted in fatalities and severe injuries, such as traumatic brain injuries, broken bones, and whiplash injuries.

Truck Accidents

Truckers can be held responsible for accidents and injuries since they must operate their vehicles safely. However, the trucking companies may also share liability in the accident. A trucking company must follow the FMCSA’s rules about service hours for their drivers. They must also conduct regular drug and alcohol testing for their drivers under the Department of Transportation’s regulations.

Other potentially liable parties in a truck accident include:

  • Cargo shipper responsible for the proper loading and security of cargo on the truck
  • Maintenance company that inspects and maintains the commercial fleet of trucks
  • Truck component manufacturers who must perform quality assurance on their products

For instance, if a truck accident involved an intoxicated, fatigued driver operating an overloaded truck, the following parties might be liable:

  • The cargo shipper may be liable for improper loading.
  • The driver can be held responsible for driving under the influence.
  • A truck company may share liability for pushing the driver to work beyond the federally-mandated service hours.
  • The manufacturer could be liable if a defective truck component caused the accident.

Drunk Driving Accidents

While intoxicated drivers usually bear responsibility for a drunk driving accident, other parties can also contribute. Bars, restaurants, and other businesses can be complicit in a drunk driving accident under Alabama’s Dram Shop Law. It states that establishments are liable if they serve alcohol to a driver who is underage or appears intoxicated and causes an accident.

The law also applies to social hosts who hold parties at home and serve alcohol to their guests. If a guest leaves a party while intoxicated and causes an accident while driving, the host can face a potential lawsuit from the injured victim.

How to Identify ALL Liable Parties After a Car Accident

Determining who is responsible for your injuries after a car accident is a critical step in getting the compensation you deserve. While it might seem straightforward, identifying all potentially liable parties often requires a detailed investigation.

The Importance of a Thorough Investigation

While the at-fault driver is often the primary focus after a crash, other parties, such as vehicle manufacturers, employers of commercial drivers, or even government entities, could share liability. Missing a liable party when filing an injury claim could mean missing out on additional compensation that could help cover your expenses.

The Role of Police Reports, Witness Statements, and Expert Analysis

Police reports and witness statements can help clarify what happened, including who was at fault, contributing factors, and the perspectives of those who saw the crash.

Expert analysis takes it a step further. Accident reconstruction specialists can analyze crash-related evidence like skid marks, vehicle damage, and traffic patterns to determine how the collision occurred.

How an Attorney Can Uncover Hidden Liability

An experienced car accident attorney knows how to dig deeper to uncover less obvious forms of liability. For instance:

  • Product Defects: If a faulty brake system or airbag contributed to the crash or worsened your injuries, the vehicle or parts manufacturer could be held accountable for your damages.
  • Employer Negligence: If the at-fault driver was driving a commercial vehicle, their employer might share liability for inadequately training them, failing to maintain the vehicle they were driving, or requiring the driver to work beyond what’s allowed by law.

The experience and knowledge of an experienced Montgomery car accident lawyer can help you pursue every available avenue for compensation.

The Vance Law Firm Injury Lawyers Can Help with Your Claim

The experienced personal injury attorneys at The Vance Law Firm Injury Lawyers can assist if you have been injured in an accident that involved multiple parties. We can file claims against the negligent parties and negotiate a full and fair settlement with the insurers to help you pay your medical bills and other accident-related expenses.

Schedule a free case evaluation today with an experienced car accident lawyer with The Vance Law Firm Injury Lawyers to learn the steps you can take to get the justice you deserve.

Originally published October 10, 2022.

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