Who Can I Sue After a Car Accident?

Many questions arise following a car accident, especially when that accident leads to significant injuries, or even a fatality. One of the most common questions is “who is legally responsible?” and “who can I sue after a car accident?” Depending on the situation, there can be one, or many, parties who contributed to causing your injuries. Often, detailed analysis of the circumstances surrounding your collision is necessary to determine who is at fault. Miami car accident attorney Robert Dixon of the Law Offices of Robert Dixon helps clients in this initial investigation to figure out the most appropriate legal course of action. Our firm assists clients across South Florida, including in Miami-Dade, Broward, and Palm Beach Counties, in personal injury and wrongful death claims against those liable for their harm.

Injuries sustained in a motor vehicle collision can involve victims missing work and having to deal with mounting medical bills – costs of which insurance benefits aren’t always sufficient to cover. These expenses often require financial assistance obtained from pursuing a personal injury lawsuit, making finding the party or parties responsible imperative to ensuring a victim is compensated properly. If you’ve been injured, or lost a loved one, in an accident, and have questions about who might be at fault, a seasoned injury lawyer at our office can guide you through the process of determining your legal options.

Most often, it is the negligence of a driver that has led to car accident. Sometimes, more than one driver can be held liable. If you are a passenger injured in a collision caused by two negligent drivers, you can file suit against both of those parties. In Florida, even if you are a driver partly at fault for causing an accident, and your own injuries, you may still pursue a personal injury suit against another negligent party. Under the “pure comparative negligence” scheme of awarding damages in Florida, a victim, or plaintiff, receives compensation in proportion to each defendant’s degree of liability. For instance, if a plaintiff is 45 percent negligent in causing an accident, he or she can still receive 55 percent of the total damages incurred.

If a driver was acting within the scope of employment when an accident occurred, that driver’s employer could be held vicariously liable for his or her negligence. “Within the scope of” or “during the course of” employment refers to an employee carrying out a task on behalf of an employer. For example, if a food delivery driver is rushing to make an on-time drop off by driving at an excessive speed, or is distracted by a phone while on his or her way to a delivery address and hits another vehicle, causing injury, the employer-company may be held accountable. However, if an employee causes an accident while driving to or from work, the employer may not be held responsible. Companies can also be held directly liable for their own negligence, such as Uber or Lyft failing to check the backgrounds or driving records before allowing a driver to work for them, or a company that does not adequately train or supervise drivers under their employment.

Florida only allows an establishment that sells or serves alcohol to be held liable for an intoxicated driver’s actions in very limited situations. Florida’s modified Dram Shop Law gives victims the right to hold private hosts or commercial establishments liable only if they knowingly sold alcohol to a minor or to a customer known to be have a habitual alcohol addiction.

If a collision is caused by a manufacturing or design defect in a vehicle or part of the vehicle, the manufacturer of that part can be held strictly liable for releasing a dangerous product into the stream of commerce. Common examples of injuries caused by a defective product include faulty brakes as well as airbag defects. If you believe your accident and injuries were caused by these issues, or another party’s negligence, it is important to consult with an attorney as soon as possible who can help you investigate the situation and make sure your legal rights are protected within the appropriate time frame.

Victims injured in car accidents caused by another party’s negligence may be entitled to damages for medical bills, both past and future, as well as loss of income, diminished earning capacity, and pain and suffering. Personal injury lawyer Robert Dixon and his associates at the Law Offices of Robert Dixon can help you determine your next legal step, and who you can sue after a car accident. If you’ve been injured in a motor vehicle collision, please call 877.499.4878 or contact us online to schedule a free, no obligation consultation about your case. We serve clients in areas including West Palm Beach, and Miami.