Being in a car accident is a terrifying experience. It often accompanies long-lasting consequences.
There are physical injuries, emotional distress and fear of being on the road in the driver’s seat which take a long time to heal from and recover. Not to forget, the property damages and more!
If you have been in a car accident and are feeling confused about your situation as to whether you can file a lawsuit against the at-fault driver, you need the expertise of a professional car accident lawyer in Tampa.
This blog tells which are potential at-fault parties in a car accident and on what grounds they can be sued.
How is Liability Determined in Car Accidents?
In Florida, a comparative fault system is used to ascertain liability (who is at fault) in case of car accidents. This system helps establish the degree of responsibility of each party involved in the accident.
It distributes fault among all parties in the accident. For instance, if two drivers are found at fault, one driver might be 60% responsible and the other 40% so the driver who is more accountable would pay more in damages.
Therefore, it is important to hire an experienced Tampa car accident attorney who can investigate the circumstances of each crash to identify all potentially liable parties.
1. The Other Driver (The Driver Less At Fault)
In most auto accidents including 18-wheeler accidents, the party who considers suing is the driver less at fault in the crash.
If the negligence or reckless actions of another driver caused the accident, they can be legally held responsible for the injuries and damages. Some common examples of negligent driving that cause crashes include:
- Speeding
- Distracted driving (texting, eating, etc.)
- Drunk driving
- Running red lights or stop signs
- Failing to yield right of way
- Tailgating
- Unsafe lane changes
2. The Vehicle Owner
In Florida, you can sue not just the driver for reckless driving but also the vehicle owner even if they were in no shape or form involved in the crash and were even absent from the site.
Florida law has this provision as often negligence on the part of the vehicle owner can be proved as they allowed someone unreliable to drive their car.
This is called negligent entrustment. For example – When a teenager is driving a parent’s car and causes an accident.
In this case, the owner of the car (the parent) can be held liable as they knew that the driver was unsafe, which is applicable in case of a suspended license or a history of DUIs (Driving Under the Influence), though negligent entrustment doesn’t apply when the vehicle is stolen.
3. The Driver’s Employer
If the driver who is at fault was working at the time of the car crash, their employer can also be found liable under the judicial doctrine of “vicarious liability.” This applies to cases where a car accident is caused by an employee while performing job duties.
Examples of cases in which an employer can be found liable for the accident:
- A delivery driver causing an accident due to speeding to meet a deadline
- A salesperson crashing the car while driving to meet a client.
- A truck driver falling asleep at wheel during a long trip
This is done as employers often have better insurance policies and assets than individual drivers. Thus, they are an important party to consider in a lawsuit.
4. Vehicle or Parts Manufacturers
At times, during a technical assessment, it may be found that a defective vehicle or auto part contributed to or caused the car accident. Such a case offers grounds for filing a product liability lawsuit against the manufacturer.
Examples of potential vehicle defects:
- Faulty brakes
- Tire blowouts
- Airbag malfunctions
- Steering system failures
- Accelerator sticking issues
For a valid product liability claim, you need to prove that the defect in the vehicle part existed from the beginning i.e. when the product left the manufacturer’s control and due to that defect, the car accident and your injuries were caused.
For product liability cases which can be complex, you need an expert car accident lawyer who holds experience in the domain. 
5. Government Entities
At times, car accidents occur due to poor road conditions or faulty road design, in which case, you may be able to sue the government entity responsible for maintaining the roadway.
Examples of potential government liability:
- Lack of proper signage.
- Malfunctioning traffic lights.
- Large potholes or road damage.
- Improperly designed intersections.
- Lack of guardrails in necessary areas.
Note that suing government entities involves special procedures to be followed under shorter deadlines so you need to consult an experienced personal injury lawyer promptly in these cases.
6. Construction Companies
If your accident occurred in or near a construction zone, the construction company may bear some responsibility. Potential grounds for suing a construction company include:
- Inadequate warning signs about road work
- Improperly placed construction equipment or debris
- Failure to provide safe detours or lane merges
- Creating hazardous road conditions
Like government entities, construction companies often have specific protections and procedures for lawsuits, so expert legal guidance is essential.
7. Bars & Restaurants (Dram Shop Liability)
In cases of drunk driving, you may be able to sue the bar, restaurant, or establishment that served the at-fault driver the alcohol. But, in Florida, this law holds establishments liable in drunk driving cases in very limited situations.
To have a dram shop claim in Florida, you need to prove the following:
- The establishment intentionally served alcohol to a customer with alcohol use addiction or disorder.
- The establishment deliberately served alcohol to a minor.
8. Multiple Parties
It’s crucial to see that a car accident liability case isn’t always black and white. In many cases, multiple parties are found liable for the accident and share responsibility for the crash. For example, you might sue:
- Both drivers in a multi-vehicle pileup.
- A negligent driver and the bar that over-served them.
- A driver and their employer.
- A driver and a vehicle manufacturer.
Since car accident cases can be so tricky sometimes, you need the expertise of an experienced Tampa car accident attorney to look at all facets and parties involved and liable.
Things To Consider Before Filing a Lawsuit
Before you decide to sue someone post car accident, you should consider the following factors:
- Statute of Limitations – You have a period of 2 years from the date of car accident or personal injury to file a lawsuit in Florida. Though you will find this deadline to be shorter in some instances, consult a car accident lawyer in Tampa to get an accurate idea.
- Insurance Coverage – Generally, in car accident cases, you’ll have to deal with insurance companies before the lawsuit so get an understanding of at-fault driver’s insurance coverage and your own policy. This way, you can easily collect the payment for damages when you win the case.
- Comparative Negligence – Being partially at fault in an car accident case can impact the amount you receive in damage recovery. The amount you get for your injuries and damages can be reduced due to this.
- The extent of Injuries – The extent of your injuries and financial losses you incurred play a big role in assessing if a lawsuit is worth pursuing or not as minor accidents with minimal damage can be easily resolved through insurance claims. It is in case of severe injuries that you require legal action so that you can recover full compensation.
- Legal Costs: While many car accident attorneys work on a contingency fee basis, your case may involve court costs and other expenses associated with filing a lawsuit which you will be required to bear.
Remember, if you’ve been injured in a car accident, you don’t have to face the legal process alone.
Reach out to an experienced lawyer to avoid making common mistakes most people do. Let Tampa car accident attorneys handle the legal complexities while you focus on recovering.
