If you are involved in a car accident in Phoenix, deciding who to sue can be tricky. This is why the legal system may appear so complicated. But it is crucial to understand your rights to get the compensation you are entitled to. By knowing your rights, you can approach the case more confidently.
Establishing who the negligent parties are in a car accident in Phoenix is crucial. Often, the first thought that could come to any person’s mind is to file a lawsuit against the other driver. But what if other parties were involved in the crash?
By working with experienced car accident lawyers in Phoenix, you can explore every potential avenue for compensation, ensuring that no responsible party is overlooked.
Here are the different parties you may be able to sue after a car accident.
1. Other Drivers
This is probably the most common defendant that one will find in a car accident case. If another driver’s recklessness, such as speeding or driving while distracted, caused the accident, then that driver could be at fault.
Arizona is a comparative negligence state, which implies that the total compensation the victim receives will be reduced based on the percentage of their contribution to the accident.
2. Employers of the At-Fault Driver
If the driver who is at fault was behind the wheel while performing job-related duties, then the employer can be held liable.
This is possible under the concept of vicarious liability. It is up to the plaintiff to prove that the at-fault driver was performing an action that was related to their work.
Accidents involving commercial vehicles are complex, especially since the employer is usually protected by a huge compensation premium.
3. Vehicle Manufacturers
If mechanical failures, such as a defective brake or airbag, caused the accident, then the manufacturer may be sued. This is referred to as a product liability.
Vehicle manufacturers have the responsibility of making vehicles that are free of defects. A failure to do so often leads to product liability lawsuits. These laws apply to manufacturers of vehicle spare parts as well.
4. Government Entities
If a bad road contributed to the accident, then the government agency charged with maintaining the roads could be liable. Some instances where a government entity could be held responsible include poor road construction, lack of signage, or non-functional traffic lights.
Filing a claim against the government in Arizona has a set time period, normally 180 days for an accident. There are also numerous complexities involved. It helps to get in touch with an experienced lawyer to know more.
5. Bars or Restaurants (Dram Shop Liability)
Arizona does have “dram shop” laws in which a victim can sue an establishment for providing alcohol to a patron who later becomes involved in an accident. Usually, this type of lawsuit is very complicated, and the complainant is expected to provide evidence that the management of the business served alcoholic drinks to a patron who was already visibly drunk.
Conclusion
Understanding liability is key to navigating the path to recovery after a car accident. This knowledge can significantly impact whether you receive fair compensation or find yourself in a prolonged and exhausting legal battle.
Everyone who has had to deal with the legalities of an accident will tell you that the experience is a very overwhelming one. In addition to medical expenses, car repairs, and legal issues, determining liability can worsen an already difficult situation.
It would be a wise choice to consult an experienced lawyer. They will assist you with the complications involved in the lawsuit, acquire proof, and ensure that every responsible individual is punished.
