According to a report, nearly 1.35 million people die every year in motor vehicle accidents. Notably, this is only a fraction of the total number of motor accidents reported each year.
Evidently, there's a lot of responsibility on both, the vehicle owner as well as the insurance companies. Road accidents are not only financially alarming but also tormenting for all the parties involved.
Causing damages or personal injuries in a road accident is common hearsay.
Nonetheless, you wish to know whom to file a claim against when injured in a road crash. And thankfully, this article will answer this question for you.
Before we proceed further, you must understand that proving negligence or fault is fundamental when filing a personal injury claim.
For Privately Owned Vehicles
The most common example of such a scenario is a car crash. There could be two or more cars involved in a road accident. And notably, these cars would be privately owned.
Now, depending on whether you were in one of the cars or a pedestrian or a motorist, you can file the claim against one or more parties. Given that you can establish your innocence. Your claim will be compensated by the at-fault party(s) insurance company.
Vehicles For Commercial Purposes
If you were a victim of a crash that involves a commercial vehicle, such as a bus or a truck, or a taxi, then you'll be filing the claim against both the driver and the owner of the vehicle.
The courts will then decide if your injuries were a result of the negligence of the driver or the owner was at fault. As the leading Staten Island Lawyers dealing in car accidents opine, in most cases, the verdict is ruled against the driver. However, there's a catch to it. The owner must have trained the driver and have ensured regular maintenance of the vehicle.
For Accidents Caused By Other Factors
It is not always true that a driver is at fault. In some cases, there are other factors responsible for the crash too. For example, road conditions or weather may also be responsible for the accident.
For accidents where no party involved in the accident can be held liable, it is usual to turn towards the authorities or government agencies. For example, if the transport department fails to ensure proper maintenance of the roads. Broken or degraded roads are one of the leading causes of small accidents. And likewise, the claim would be compensated by the negligent authorities in place.
The Outlook
Perhaps, by now, you have an outline of whom you need to file your personal injury claim against. Nonetheless, it is still advised to consult with an experienced personal injury lawyer. Besides, you must also ensure that your attorney has relevant experience. In other words, they have contested similar cases before.
You can ask your friends or relatives for referrals or suggestions Or you can go online and look for lawyers in your area. Be sure to check how they charge you, for usually personal injury lawyers work on contingency fees, i.e. you only pay if you win a claim.