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Types of Auto Accident Liability Claims

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Posted: 11th July 2023 by
Lawyer Monthly
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Motor vehicles contribute significantly to both fatalities and nonfatal injuries in the United States, ranking among the top three causes.

Motor vehicles contribute significantly to both fatalities and nonfatal injuries in the United States, ranking among the top three causes. In 2021, the National Safety Council (NSC) reported that approximately 5.4 million sought medical treatment for injuries resulting from motor-vehicle incidents. The total costs incurred were also significant and estimated to be around $498.3 billion.

These figures indicate the prevalence of such accidents which can take place in several different ways. Whether it's a head-on collision, an accident with a cyclist, or a parking lot accident, the likelihood of being involved in an auto accident of some sort is higher than you might think. You can read more about how to handle a parking lot accident by visiting this site.

When it comes to pursuing a legal remedy, your course of action will depend on the specific circumstances of your auto accident. This article will explore some of the different types of auto accident liability claims to help you file your personal injury claim.

Claims Against Another Motorist

Most auto accident claims are against the other party involved in the accident and when it comes to filing an auto accident personal injury claim, this is usually another driver. If the other party is found to be negligent when operating their vehicle they are likely to be held liable for your injuries and any resulting damages.

Negligent driving may include behaviors such as drunk driving, running red lights, distracted driving, or driving without a valid license. It is worth noting that in some situations, more than one driver may share legal liability for an accident, especially if it involved multiple vehicles.

Dram Shop Liability Claim

Some states will allow you to bring a claim against the establishment that provided alcohol to the person who caused your accident. This applies in situations where the establishment knowingly served alcohol to something they knew or should reasonably have known was intoxicated, or to someone below the legal drinking age. 

To successfully bring such a claim you will have to prove that the establishment knew that the individual was drunk but continued to serve them alcohol anyway. Bars, restaurants, alcohol retailers as well as private individuals such as store clerks and waiting staff can all be held liable under dram shop laws.

Product Liability Claim

If your auto accident is the result of a defective car part you may have a claim against the car manufacturer or the manufacturer of the car part in question. When evaluating a product liability claim, the three main areas typically examined are:

  • Defect in Design: This examines whether there was a defect in the design of the product that posed an unreasonable risk or danger when used.
  • Defect in Manufacturing: This focuses on defects that occur during the assembly or manufacturing process, and before delivery to the customer.
  • Warning Failures: This refers to inadequate instructions or insufficient warnings about the safe and proper use of the product.

It is common for product liability claims to affect several people who have experienced similar accidents or injuries. In these situations, a class action lawsuit is often the best course of action.

To help you pursue the correct claim for your auto accident it is advisable to consult an auto accident attorney who is experienced in handling such claims.

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