The most common concern following a car accident is the safety of everyone involved. Once it’s been determined that no serious injuries have occurred, or that injured parties have been cared for, the next step is to determine who was at fault. Unless it is an extremely minor fender bender, a car accident almost always results in some costs, whether property damage to the vehicles or physical and emotional injuries to victims. Based on a variety of factors, costs can be relatively low or astronomically high. Contact a Boston Motor Vehicle Accident Lawyer Today.
In some situations, determining who was at fault is quite easy. If a woman is stopped at a red light and a drunk driver slams into her, it’s pretty obvious who’s at fault. In reality, however, most car accidents are much more complicated. This is why it is so important to work with a car accident attorney if you’ve been involved in any type of motor vehicle crash. Even if you think you were at fault, a consultation with an experienced attorney can help you determine how to move forward.
Who is at fault in a three vehicle collision?
In order to determine who is at fault in a three car accident, it must first be determined whether any party was negligent. As a driver, you have a duty of reasonable care to other drivers, passengers, and pedestrians. If an accident occurs due to a driver’s failure to meet that duty of care, he or she may be deemed negligent, and thus liable for damages. But what if two of the drivers were negligent? In these cases, courts will assign appropriate percentages of liability based on comparative or contributory negligence. For example, if a driver is deemed to be 20% at fault, he or she will only be entitled to 80% of the damages.
If I’m injured in a work-related car accident, is my employer liable?
Let’s say you’re driving the company car during work hours and you T-bone another car at an intersection. Who is liable for the damages? An employer is only liable for an employee’s actions if any of the following circumstances are present:
- The actions were within the employee’s scope of employment
- The employee was hired to do the activity
- The employer derived a benefit from the activity
So, the short answer is yes. An employer can be liable if you are driving to perform an activity that you were hired to do. If, however, you were grossly negligent during that activity, the employer will not be liable. For example, if you are performing your job duties but you also happen to be drunk, your employer will not be liable for your negligence.
Workers’ compensation may also come into play in a work-related car accident. If you are also injured in the accident, you are likely eligible for workers’ comp benefits.
Following a car accident, should I file an insurance claim or a lawsuit?
You can be compensated for injuries and property damage by filing an insurance claim, but it’s not always the best option. If negligence was involved, you may be entitled to much greater damages by filing a personal injury lawsuit. However, neither option is perfect, nor is either option a one-size-fits all solution. If injuries are grave, negligence was a factor, or your insurance claim was denied, it may be in your best interest to file a lawsuit. Continue reading