The Potential Sources of Damages

When you’ve been hurt in a car, motorcycle or truck accident, your first course of action is typically to seek legal counsel and file a personal injury claim against the driver who caused the accident. In some instances, that may be all that’s necessary to get all the compensation necessary to cover your losses and make you whole again. But often, the other driver is uninsured, underinsured or otherwise lacks the resources to compensate you for all your injuries and related expenses. What are your options?

Other Parties Who May Potentially Be Responsible for Your Losses

In a motor vehicle accident claim, as with any personal injury lawsuit, your ability to recover damages (compensation for your losses) is based on your ability to prove the negligence of another party. That party may be the other driver, but it can often be a third party:

• The owner of the vehicle—The owner of an automobile may have some liability for your losses, even if he or she was not in the vehicle at the time of the wreck. If the owner loaned the car to someone without the skills to safely drive the vehicle, or to someone that the owner knew had a history or reputation for reckless driving, the owner may be responsible.
• The at-fault driver’s employer—If the at-fault driver was performing duties in the course of his or her employment at the time of the crash, the employer may have some liability.
• The designer, manufacturer or distributor of a motor vehicle—You may have a product liability claim against a third party for negligent design, manufacture or marketing of any product, including a motor vehicle or its component parts, that caused the accident
• The person/establishment that served the alcohol—In some jurisdictions and under certain conditions, a bar, tavern, restaurant or other purveyor of alcohol (as well as its employees) may have some liability when a patron causes an accident after drinking in their establishment