Determining All the Potentially Responsible Parties
When you’re hurt in a car, truck, or motorcycle accident in New Jersey, one of the first things to determine is who caused the accident. Of course, you’ll look at the at-fault driver, but there may be other potentially responsible parties as well. Here are some of the common defendants in motor vehicle accident claims.
The Defendant’s Employer
You typically cannot recover damages from an employer for accidents caused by an employee traveling to or from work, unless the employee deviated from their normal route to conduct some work-related business. If the person who caused your accident was working at the time of the crash, you may have a claim against their employer under a legal theory known as “respondeat superior.”
The Owner of the Vehicle
If the person driving is not the owner of the vehicle, the owner may have some responsibility under a theory of vicarious liability. To succeed on such a claim, you must show that the owner knew or had reason to know that the driver lacked appropriate driving experience or had a history of careless or negligent driving.
A Person or Establishment That Provided Alcohol
If you’re hurt in an accident caused by a drunk driver, you may be able to sue the person or establishment who provided, sold, or served the alcohol. Typically, to be liable, the person serving must either have known the patron was intoxicated or have served a quantity that would reasonably cause intoxication.
Dangerous or Defective Parts
If the accident was caused by the malfunction or breakdown of a vehicle part or some other product, you may have a product liability claim against the designer, manufacturer, wholesaler, or retailer.
Roadway Defects or Maintenance Issues
You can bring legal action against a municipality or the state if you’re injured because of a pothole, uneven roads, loose gravel, missing or defective signs or signals, or any other failure to maintain or properly construct the roads.
Contact Attorney Howard N. Sobel
At the office of Howard N. Sobel, we provide comprehensive contracts counsel to businesses and business owners. Contact our office online or call us at 856-424-6400 to set up a free initial consultation (on selected cases). Evening and weekend appointments can be arranged upon request. We accept all major credit cards.
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