Keep in mind that if you’ve been injured in a car accident, you may be able to sue more than one potential defendant. A potential defendant is anyone who owed a duty of care to you, who breached that duty, and whose breach caused your injuries. Depending on the circumstances, this may include people besides just the person who was behind the wheel. Even if the person didn’t drive the vehicle that caused your injuries, he or she may still be held liable. A meticulous New York car accident lawyer will carefully consider every single one of the possible defendants in order to widen your pool of potential sources of insurance coverage.
In order to gauge who the potential defendants are, your New York car accident lawyer will ask you the following questions:
- Was the defendant driving the vehicle within the scope of his employment? If so, then his employer may be liable to you for your injuries through the doctrine ofrespondeat superior.
- Was a private company (and not the city) in control of maintaining the traffic signals that malfunctioned and caused your accident?
- Did the contractor who was constructing a roadway do anything to violate his duty of care?
- Did the landowner of property adjoining the roadway do anything to obstruct the driver’s view in such a way that caused the accident?
- Did anyone else obstruct the driver’s view, for example, by double parking?
- Did the vehicle involved in the accident have a manufacturing defect? If so, then the manufacturer may be at fault through a products liability case.
- Was the motorist driving under the influence of alcohol at the time of the accident? If so, then the owner of the establishment that sold alcohol to the defendant may be held liable.
Sometimes, it’s not clear who the defendant is, or if the defendant is able to make you “whole again, legally speaking. For example, you might have been involved in a hit-and-run accident (in which case you don’t know who the defendant is), or the defendant might not have enough liability insurance to cover your accident. If either of these is the case, your New York car accident lawyer might think about taking out a claim under your own uninsured motorist policy.
If you’ve been injured in a car accident, the experienced New York car accident lawyers at Gersowitz Libo & Korek, P.C. may be able to help you with a personal injury lawsuit. Just fill out the form on this page to schedule a free initial consultation.