Who Are the Potential Defendants in a Car Accident Lawsuit?
When you have been hurt in a car accident and the fault clearly lies with another driver, you have the right to file a lawsuit, naming that person as a defendant. But what happens if they had no insurance or they don’t have enough insurance or resources to fully compensate you for all your losses? Are there other potentially responsible parties that you can bring in as defendants? Let’s look at who might have some liability.
Your Own Insurance Company
The state of New York requires that all drivers purchase coverage for any uninsured and underinsured motorist claims. Accordingly, when you have been hurt in an auto accident by someone without insurance or without enough insurance, you may be able to look to your own insurer for some compensation.
The At-Fault Party’s Employer
If the defendant was working at the time of the accident, you may be able to include his or her employer under a legal theory known as respondeat superior. You must, however, prove that the defendant was in the course of his or her duties at the time of the accident and not engaged in a wholly personal endeavor.
The Person Who Served the Defendant Alcohol
If the defendant was driving under the influence of alcohol and you can identify the establishment where he or she was served the alcohol, you may be able to bring that business in as a defendant under New York’s dram shop laws.
The Designer, Manufacturer or Seller of a Dangerous or Defective Product that Led to the Accident
If the accident was caused by carelessness in the design, manufacture or marketing of any type of product, such as a tire, brake, accelerator or steering wheel, you may be able to bring a product liability claim based on negligent design, negligent manufacturing or negligent marketing.
The Municipality Responsible for Maintaining the Roads
If your accident was caused by a roadway defect, such as a pothole, broken sign or poorly designed curve in the road, you may be able to bring the appropriate municipality in as a defendant.
Let Us Help You Pursue Full and Fair Compensation after an Auto Accident
Let the Law Office of John Fazzini help you get full and fair compensation for your losses. To schedule a free initial consultation, contact us online or call our offices at (631)547-8989. We take all personal injury cases on a contingency basis. You will only pay attorney fees if we recover compensation for your losses.