4 Common Types Of Car Accident Liability Claims
After being involved in a car accident, it is important to note that it’s not only the other motorist who may be at fault. After a car accident, you need to consider other possible defendants who may be held liable for damages caused or incurred. Ensuring you file a car accident liability claim against the right party or parties is crucial. You most likely won’t obtain compensation if you file a claim against the wrong party or parties.
Filing a liability claim against a negligent party that causes a car accident that leaves you seriously injured is extremely important. Often, car accidents bring financial burdens to victims and their families, especially when the victim is the breadwinner of a family. Filing for compensation is necessary if you want to be able to pay your bills and cater to your needs and/or those of your loved ones. Suppose you suffered a severe injury in a car accident that was another party’s fault. In such a case, you need to hire a skilled car accident attorney to help you determine the type of car accident liability claim you need to file.
In this article, get to learn about some of the most common types of car accident liability claims you can file after a Florida car accident.
What Is the Meaning of Liability?
Before discussing the different types of car accident liability claims you can file after a Florida car accident, it is crucial to discuss the meaning of the term “liability.” Generally, liability means “fault.” So, if, for example, another driver is liable for your accident, it means they are at fault for the accident. To obtain the compensation you deserve after a car accident, you must file a claim against the right liable party/parties.
There are different types of car accident liability claims that you can file after a car accident. Generally, the kind of claim you file depends on the type of defendant(s) in your case. Below, we will look at four of the most common types of car accident liability claims you can file after a Florida car accident.
Car Accident Liability Claim Against Another Motorist
Car accident liability claims against other drivers are the most commonly filed car accident liability claims. If the other motorist involved in the car accident you were involved in was negligent, you might be able to file a claim against them for damages caused or suffered.
Common negligent driving behaviors include, but are not limited to;
- Driving while distracted
- Reckless driving
- Ignoring traffic signs
- Driving while drowsy
It is important to note that sometimes more than one driver may be legally responsible for causing an accident. If this is your situation, your attorney can help you prove that each defendant was negligent in some manner.
Claim Against an Alcohol Provider (Dram Shop Liability Claim)
In some states (Florida included), a plaintiff can file liability claims against a third party that served alcohol to a drunk motorist who caused a car accident. However, remember that you can only hold a third party liable if they sold alcohol to a driver of lawful drinking age if they knew that the driver is habitually addicted to alcohol. Also, according to Florida Statute 768.125, after an accident involving a drunk driver, you can hold a third party liable if they willfully and unlawfully sold alcohol to an individual who’s not legally allowed to drink.
Claim Against a Manufacturer or Supplier
When a Florida car accident occurs due to a defective vehicle part, your attorney may advise you to file a liability claim against the manufacturer or supplier of the defective part. Usually, motor vehicles can have three different types of defects:
- Manufacturing defects
- Information defects
- Design defects
Uninsured or Underinsured Motorist Accident Liability Claim
If, after a car accident, you discover that the at-fault party doesn’t have enough or any insurance to cover damages incurred or caused, you may be able to file an uninsured or underinsured liability claim against your insurance company. To file such a claim, you need to have uninsured or underinsured motorist coverage. This type of coverage is meant to cover insureds and/or their loved ones when they get involved in a motor vehicle accident caused by someone with no or inadequate insurance.
Contact an Experienced Fort Myers Car Accident Attorney
Have you sustained severe injuries in a Florida car accident? Are you feeling confused about the next steps you should take? The experienced Naples car accident attorneys at The Law Offices of Marc L. Shapiro, P.A. can evaluate the details of your case and advise you on the steps to take next. Contact our office today at 239-649-8050 to schedule a free consultation and learn about your legal options.