How To Prove Fault In A Car Accident Personal Injury Claim
In most of the personal injury claims that arise from car accidents, the biggest problem lies in determining which one of the drivers is at fault. Typically, if one of the drivers is negligent, by not using reasonable caution or not showing enough care while driving, they will be deemed at fault and responsible for the accident.
In a surprising twist, however, the law can even hold another person responsible for the accident who did not happen to be driving the car, or was not even present in it, when the accident took place. No matter how surprising this sounds, there are a number of situations which can lead to this, which is why it is crucial that you hire a car accident lawyer in Waterloo to benefit from the case as a plaintiff as much as possible.
When the Car was Being Driven by an Employee
The law has the right to hold employers responsible for wrongful acts even when they are acted upon by their employee while performing his or her professional duties. This also includes careless driving. Since the theory of vicarious liability comes into play in such claims, it becomes a necessity to hire an expert car accident lawyer in Waterloo to represent your claim if you have recently been injured in a car accident.
Letting Someone Else Drive Your Car
In some of the states, the law holds car owners legally responsible for negligent or careless driving by anyone else for driving their car with the owner's permission. These laws do not make it mandatory that an employer-employee relationship must be built between the two parties. Instead, once you have given the permission to someone to drive your car, you become legally responsible for their actions or inaction.
Letting an Unfit Driver Use Your Car
If you happen to have lent your car to an incompetent or unfit driver, you can be held legally liable for the driver's negligent act through which the accident stemmed. This is, in legalese, known as negligent entrust. In cases of negligent entrust, the plaintiff, along with their car accident lawyer in Waterloo, must be able to prove that the car owner was aware or should have been aware of the driver's incompetence at the time when the permission was sought and given.
Who Qualifies as an Incompetent Driver?
If you lend your car to the following people, you may end up committing negligent entrust. This means that you can be held liable for the damages that the plaintiff suffers due to the accident caused by the incompetent driver.
● Someone who is found to be intoxicated at the time of the accident.
● Unlicensed and/or minor children.
● Someone who doesn't have an experience of driving cars.
● Aged or elderly drivers.
● Drivers with certain illness or sickness.
● Drivers with a history of recklessness. For more information visit here: BLW Injury Law