It’s a nightmare for any vehicle owner: you are parked on the side of a busy street, then – wham! A speeding delivery truck wobbles to the side and runs smack into your vehicle. Even if no one was injured, this event could total your car and tarnish your insurance record. And though it may not be the first thing you think about, one question looms large: who is liable here?
Even for such straightforward incidents, proper representation is necessary to help ensure you are not held liable and wrongly punished. If you’ve experienced such a collision, you deserve full liability benefits and compensation. Determining liability and settlement is hard – hire representation from Davana Law to see your case through successfully. Our team includes vehicle accident and premises liability lawyers here in LA County.
Here, we review several of the prerequisites to establishing accident liability:
The State in Which the Accident Occurred
While responsibility for the accident described above may appear to be the delivery driver’s, an insurance company might disagree. Before financial liability for the accident or potential injuries is assigned, a variety of factors will be investigated. The first is what state the accident occurred in.
As explained by Allstate, insurers in California use the concept of pure comparative negligence, which means that they assign each party in an accident a percentage of “fault.” For example, if your car was sticking out into the road when that truck ran into it, the insurance company might find you a certain amount liable. This would affect how you recoup your claim settlement.
The Truck’s Owner and/or Driver
Oftentimes, the company or organization that owns the truck is found responsible for the accident, an outcome labeled Respondeat Superior. It follows that, since the accident happened in the “scope of employment,” it was unintentional and the driver cannot be found liable for it.
But this also depends on the driver’s employment status. Companies, like Fedex and Amazon, regularly employ independent contractors to make deliveries, and that position could absolve the company of liability. It also depends on whether the driver used a company truck or his/her own, paid for gas, assumed the cost of repairs, and so on. Clearly, this situation can get complex quickly, which gives you all the more reason to hire a professional vehicle accident lawyer.
Additional Parties or Conditions
Investigators will also consider an assortment of external factors: were the delivery vehicle’s parts (brakes, wheels, steering) in poor condition? What condition was the road in? Were other individuals involved in the crash? If one of these items influenced the crash, liability would be affected.
Davana Law: Trusted Personal Injury and Premises Liability Lawyers, based in LA
Dealing with accident liability can be exhausting and confusing. If it is handled improperly, you might miss your fair share of its benefits. Why risk that outcome?
Turn to litigation experts from Davana Law. We can get you the settlement you deserve while you recover from the stress or injuries of a collision. Our premises liability lawyers have handled hundreds of cases of personal injury, premises liability, and other accidents throughout LA County. Get a free case evaluation by contacting us at (818) 501-1055 and learn more about our services.