Who Is An Auto Accident Lawsuit Filed Against?
While it is true that often auto accident lawsuits are filed against the driver whose actions or failure to act resulted in the crash, there are frequently other parties that may be named including:
- The Government: Towns, counties, cities, and even states can be held responsible if those in charge fail to fix defects in roadways, place inappropriate street signs, or fail to correct issues with stoplights.
- A Bar Or Restaurant: If your accident was caused by a drunk driver, you may be able to file a lawsuit against the establishment which overserved the driver alcohol.
- An Auto Designer Or Manufacturer: Car manufacturers create new models on a regular basis and there may be defects with either the overall design of a part or a defect due to manufacturing.
- An Auto Shop: If a mechanic works on a vehicle and their work is done improperly, causing a part to break down, they can be held responsible for the resulting accident.
When our attorneys review your case, we determine all possible defendants that the complaint may be filed against.
The Most Common Causes Auto Accidents
The most common causes of auto accidents and severe injuries to those involved include:
At any given time there are dozens of things that might pull a driver’s attention from the road, such as their cell phone, passengers in the car, the radio, food and drink, or even events going on outside of the vehicle. But it is the driver’s responsibility to avoid become distracted so that they can focus on keeping themselves and others on the road safe.
Drivers Asleep At The Wheel
Early in the morning and late at night, exhausted drivers pose a real threat to anyone else on the road. In a matter of seconds a sleeping driver will lose control of their vehicle and cause havoc on the road.
There is a reason why every state has laws regarding how much alcohol an individual can drink prior to getting behind the wheel. Intoxicated drivers are unable to judge distances, have slower reaction times, and literally put others lives on the line.
Even the best drivers may unknowingly do something to set off the temper of another driver on the road. While this might seem like no big deal, those who succumb to road rage are frequently blinded by their anger and may use their vehicle as a weapon or participate in incredibly risky behavior such as cutting off another driver and then slamming on the brakes.
Design and manufacturing defects may cause a vehicle to function in a way that the driver does not anticipate and may result in an accident, either single car or multicar.
Even if the owner of a car takes their vehicle in for regular maintenance, the person working on their vehicle may not have performed the required work properly. This may cause a part breakdown and the driver to lose control.
How Long Does A Victim Have To File An Auto Accident Lawsuit?
In every case, there is a statute of limitations. This means that the plaintiffs only have a certain amount of time to file their legal complaint, otherwise, the opportunity to obtain compensation may be lost forever. Typically, the statute of limitations is based on state law. Take the following into consideration:
Delaware Statute Of Limitations
In the state of Delaware, the law states that auto accident victims have two years from the date of the accident to file a lawsuit against the party that caused the accident.
Pennsylvania Auto Accident Statute Of Limitations
Pennsylvania law states that all auto accident lawsuits “must be commenced within two years“.
New Jersey State Of Limitations For Auto Accidents
Typically, auto accident lawsuits in New Jersey must be filed within two years of the accident.
New York Auto Accidents: The Statute Of Limitations
New York law regarding auto accidents isn’t as straightforward as other states. If someone is hurt in an auto accident, they have three years to file a claim. However, if someone dies because of the accident, their loved ones have two years from the date of death to file a wrongful death claim.
Why Should I Work With Justice Guardians?
At Justice Guardians we understand that choosing an attorney is an incredibly important and personal choice. Our experienced legal team will review your case, answer all of your legal questions, and most importantly, be there to support you throughout the entire legal process. You can rest easy knowing we will pursue all legal avenues possible in your case and that we will fight aggressively for the maximum compensation possible.
Call us today to learn more.