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The Most Common Types of Car Accident Liability Claims

If you’ve been injured in a car accident due to someone else’s negligence, you may be able to file a personal injury lawsuit to help cover your expenses. But who should you file against? Well, that depends on the details of your accident. In some instances, you can even seek compensation from more than one party.

Here are some of the most common types of liability claims resulting from a car accident.

Liability Claims Against Other Drivers

This is by far the most common type of personal injury claim filed after an accident. If another driver’s negligence contributed to the accident—even if you were partially responsible yourself—you may be entitled to compensation.

This is especially true if the driver was:

  • Intoxicated
  • Distracted
  • Driving recklessly
  • Speeding
  • Disregarding traffic rules

Liability Claims Against Non-Drivers on the Road

Aside from drivers, accidents can also be caused by:

  • Pedestrians
  • Cyclists
  • Motorcyclists

For example, if someone darted off of a sidewalk and into the street without warning, forcing you to swerve and hit another vehicle or stationary object, that would qualify as pedestrian negligence.

Likewise, if a cyclist ran a stop sign in front of you, making you slam on your brakes and get rear-ended by the car behind you, that would be a clear case of negligence by the cyclist.

In either of these situations—or others like them—you may be able to pursue compensation for any injuries you sustained.

Dram Shop Liability Claims

A “dram shop” is a legal term meaning any business that sells alcohol to the public, including:

  • Bars
  • Restaurants
  • Liquor stores
  • Convenience stores

If a dram shop sold alcohol illegally or negligently to a driver involved in your accident, you may be able to file a third-party lawsuit against them. Typically, this would require that the driver was either a minor or already obviously intoxicated when they purchased the alcohol.

Product Liability Claims

Defective vehicle parts can also be a contributing factor in car accidents, opening the door to a product liability claim. For example, if anyone’s tires, brakes, or steering system were faulty and caused the accident, you may be able to file a lawsuit against the manufacturer.

You may also have grounds for a legal case if a defective safety feature—such as an airbag or seatbelt—failed to function properly during the accident.

Claims Against an Employer

If a driver involved in your accident was “on the clock” at the time, you might be able to file a claim against their employer. This could include:

Sometimes, you can even sue both the driver and their employer, increasing your compensation.

Medical Malpractice Liability Claims

This type of claim is much less common than the others, but still happens. If any form of medical malpractice factored into the accident, the medical professional or facility responsible for the malpractice may be liable for a lawsuit.

For example, if a doctor prescribed medication and failed to warn the patient about the extreme drowsiness side effect, you could potentially file a claim against that doctor if that patient caused your accident under the influence of the medication.

Another example would be a medical facility releasing a patient too soon, leading to the patient driving in an unsafe physical or mental state.

Regardless of the details, when medical malpractice is involved, you may have grounds for a third-party lawsuit.

Have You Been Injured in an Auto Accident?

If you’ve been injured in an accident, getting help from a personal injury attorney will be essential for getting the maximum compensation available. An experienced attorney can:

  • Evaluate the strength of your case
  • Investigate the details of your accident
  • Offer expert advice on what steps you should take next
  • Point out any opportunities for third-party lawsuits

At SiebenCarey, we’ve managed auto accident claims of every size and shape for thousands of injury victims. Just contact us, and we’ll get right to work building a strong case on your behalf and helping you get every dollar you’re owed.

Click here for a free, no-obligation case evaluation

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They took my case to trial and an amazing job presenting the facts and fighting for my best interests! Three years ago I was unsure of what my future would bring; now that it's over I can rest a bit easier. With SiebenCarey as my counsel, I believe I had the absolute BEST representation a person could've asked for. I knew that I wanted the absolute best representation when searching for an attorney to handle my case and I most definitely received it.

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I was seriously injured in a car accident on my wedding night and went to SiebenCarey. Being involved in an accident is never fun. The folks at SiebenCarey got us thru the event helping us get on with our lives. They were up front and honest. We knew we could trust them. It’s clear to me why Art has been recognized as a Best Lawyer in America and Super Lawyer for 12 years running. Now anytime I know someone who was involved in an accident I refer them to SiebenCarey.

Jennifer G.

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Eric W. Beyer helped me through a very difficult time and his professionalism, advice and results from an injury were highly respected. Amidst the personal part of getting myself back to health, his guidance when life was blurry was so appreciated. He listened and then put forth my options honestly and directly which I totally appreciated!

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Deb Colombe

I was involved in a car accident that was complicated at best. God blessed with me Eric Beyer as my attorney. Although it was a long drawn out process between the two insurance companies, Eric was not only my attorney, he was my rock.

Eric is one of the most ethical people I have ever met in my lifetime. He was a constant source of not only information, but of comfort throughout the whole process. I never doubted for one moment that Eric did not have my best interest at heart. He took every word I said seriously and did what he had to do. If I ever have the misfortune of another injury like this, I would go to no one other than Eric Beyer. I will never in my lifetime be able to thank Eric enough or let him know how much I respect him and what a comfort he was and has continued to be for me. God Bless you Eric Beyer.

Chris and Amy Boys

We worked with Art and his team on a personal injury case. We could not have been more pleased with the result. Art and his team were both professional and personable, and were a pleasure to work with. I would highly recommend Art and his team if you find yourself in this type of situation.

Sean Beggs

I was referred to SiebenCarey by a friend after I was involved in a bicycle accident. Jim Carey represented me and throughout the process I was never anxious about the case because he and his team were in constant communication. I knew where we stood and the course of action we were taking which gave me peace of mind throughout my recovery. Everyone I encountered at SiebenCarey from the first phone call until the final resolution treated my case as if it were top priority and they did so respectfully, professionally, and achieved results beyond my expectations. It was a pleasurable experience during a difficult time.

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Excellent. Eric Beyer is an excellent attorney. I would recommend him to anyone, and I have.

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Jim Carey and his staff were excellent at their jobs. They were very understanding and were always available if you had questions on something with my case. They treated you as if you were their only client that they had. I would definitely recommend sending anyone to SiebenCarey because they really do care about you.

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