Liability is a legal way of saying who is to blame for an accident and who has responsibility for its financial implications. Most of the time, liability after a collision is easy to establish. One driver did something that was very unsafe or illegal, and they are liable for the collision that occurs because of their mistakes or misconduct.
Other times, there can be questions about liability after an Oklahoma collision. Perhaps both of the people operating the vehicles involved made small mistakes, or maybe there are outside factors that seem to be the underlying cause of the crash. Occasionally, those harmed by car crashes may have the option of taking legal action against a business rather than – or in addition to – another driver.
When is a company theoretically liable for a collision?
When the driver at fault was working
One of the most common reasons that a business is to blame for a crash is that one of its employees caused the collision. In general, companies are responsible for crashes caused by workers who are actively on the job. Particularly when the vehicle involved is a company-owned vehicle, the people affected by the wreck may be able to hold the business accountable for the crash.
When a drunk driver was at a business before a wreck
There is little question that drunk drivers are responsible for their own choices. However, businesses can have a degree of responsibility for enabling dangerous conduct. If a business served alcohol to someone visibly intoxicated, dram shop laws may make the business partially liable for any crash that an impaired motorist causes after drinking at a licensed bar or restaurant. The law also holds businesses accountable for letting minors purchase alcohol if they cause drunk driving collisions.
When a product defect causes a crash
Vehicles have many moving components that affect their safety and performance on the road. Issues with elements ranging from hood latches to electrical wiring in a vehicle could cause a preventable collision. When there are clear records of defective components or vehicle design issues causing a crash, manufacturers may have a degree of liability for the cost of a collision.
The choice to take legal action against a business rather than an individual driver can lead to better compensation. Businesses typically have more assets overall and higher amounts of insurance coverage than the average motorist. As such, exploring every option for compensation after a car wreck may help people defray the expenses generated by a collision. A lawsuit against a negligent business may lead to more complete compensation than an insurance claim alone.