What Parties Can You Sue to Recover for Your Losses?
When you’ve been hurt in any type of collision or crash, you have a right to seek damages (monetary compensation) from any party responsible for causing the accident. For example, if another motorist fails to stop at a red light or stop sign and collides with you, you may file a lawsuit seeking reimbursement of all your losses, including wages, medical expenses, pain and suffering, property damage, loss of enjoyment of life, and loss of companionship/consortium.
But there may be other potentially responsible parties as well. Let’s take a look at some of the common situations where others may be liable for your losses:
- Where the accident was caused by a drunk driver—In these circumstances, in addition to the driver, you may be able to recover from the person or establishment that served the alcohol. This is commonly referred to as a “dram shop” claim. Under New York law, to recover under such a claim, you must show that the person who caused the accident was either visibly intoxicated when served alcohol or was a minor.
- The accident was caused by a dangerous or defective product, typically a vehicle part—This type of claim, known as product liability, contends that the accident was caused by the carelessness of the designer or manufacturer
- The accident resulted from a roadway defect—This claim alleges that the accident was caused in part by a pothole, missing or broken sign or other roadway problem that could have been avoided through reasonable care
- The owner of the vehicle negligently entrusted the vehicle to the person who was driving—In many cases, you can sue the owner of the vehicle, even if he or she wasn’t in the car at the time, if it can be shown that it was unreasonable to let the person who caused the accident drive the car
- The employer of the person who caused the accident—If the person who caused the accident was working at the time of the crash, you may be able to recovery from his or her employer
Have You Been Hurt in a Car, Truck or Motorcycle Accident?
Let the Law Office of John Fazzini fight to get you the compensation you need and deserve. To schedule a free initial consultation, call our offices at (631)547-8989.