Can You Sue Someone Other than the Driver of the Other Car?
When you’ve been hurt in a car wreck because of the carelessness or negligence of another driver, you’ll have the right to bring a lawsuit against that person for his or her wrongful act. But is the other driver the only person or entity with some responsibility for your losses? Can you bring legal action against someone who wasn’t driving the car at the time of the crash? Often, you can.
Accidents Caused by People in the Course of Their Employment
If the person driving the vehicle that caused the accident was working at the time, you may be able to bring legal action against his or her employer, under a legal doctrine known as respondeat superior. The at-fault party must have been performing duties related to his or her job, though. For example, an employer won’t typically be liable for an accident caused by a person who was on his or her way to or from work at the time of the crash, or who was on a lunch break or attending to personal business. However, if the worker is engaging in any work-related activity while on personal business, the employer may still be potentially liable.
Accidents Caused by Persons You Allowed to Drive Your Car
In addition, there may be situations where you can sue the owner of the vehicle, even if he or she was not driving or present in the vehicle at the time of the crash. If the owner allowed an inexperienced driver to take the car without supervision, or let someone take the car who had a reputation or history of reckless or careless driving, the owner may be responsible.
Contact the Law Office of Howard D. Popper
At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after a work-related injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.
We handle all workers’ compensation claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.