When Third Parties May be Found Liable for Vehicle Accident Claims

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When Someone Else is At Fault: Going After Third Parties After an Accident

Jun 23, 2016 - Car Accident by Justin Roberts

Is it possible for someone other than the driver to be held responsible for an automobile accident? In some circumstances, the answer to this question may be “yes.” This is generally known as “vicarious” or “imputed” liability.

In some states, a car owner may be liable for damages caused by a driver’s negligence if he/she gave the driver permission to use the car. Generally, in order for third party (owner’s) liability to attach, there must be some negligence on the owner’s part, such as knowing a driver has a poor driving record but allowing him to drive anyway.

A passenger may be liable if he or she exerted control over the car or took action that caused or contributed to the accident.

Landowners may be partially liable if their property was a contributing factor to the cause of an accident. For example, overgrown bushes that obscure a driver’s clear view of the road may interfere with a driver’s ability to see a road sign or an oncoming car.

If an accident is caused by a defect in a car, the manufacturer or dealer may be held responsible for the damages. The driver of a car may not generally be responsible for an accident caused by improperly built equipment that was undetected by the driver, and that rendered the car unsafe for driving.

Although it is primarily the driver’s responsibility not to drive while impaired by alcohol, one who continues to serve alcohol to a person who is clearly intoxicated may be liable for any ensuing accident. This liability is usually imposed whether the person furnishing the liquor is a liquor vendor or the host of a party.

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Laws pertaining to third party responsibility in driver negligence cases are often different in each state. Although the driver is the main person responsible for taking the precautions needed to drive safely, sometimes the negligent actions of others may contribute to the cause of a car accident. There are many factors to be taken into account when determining exactly who should be held accountable for an accident.

If you want to know if you have a case, please call 800-248-6000 or contact us for a free consultation with an experienced accident attorney today.

About The Author

Justin Roberts

Justin is a personal injury attorney at Roberts & Roberts. He focuses his practice on mass tort litigation, where he specializes in helping individuals who are harmed by recalled or unsafe pharmaceutical drugs and medical devices. Justin was named a “Rising Star” by Texas Super Lawyers in 2021, 2022, 2023, and 2024, and has been recognized as a “Top 40 Under 40” attorney by The National Trial Lawyers, The American Institute of Trial Lawyers, and The American Academy of Attorneys. He is a Fellow of the Texas Bar Foundation, a Fellow of The National Association of Distinguished Counsel, and a Member of the Texas Bar College honorary society.

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