Who Is Liable for Out-of-the-Ordinary Car Accidents?

As car accident attorneys, we here at Auger & Auger receive questions on a daily basis. While every car accident is unique, there are many components that can be the same. For example, a car accident involves one or more cars. There is normally property damage, and there may be injuries.

Just as there are common elements in car accidents, some are a bit more unusual or rare than others. Here are some questions we get about car accidents with circumstances that are a bit out-of-the-ordinary — knowing the answers may help you in your own situation.

1. What if my child was involved in an accident in a driver’s ed car?

If your child doesn’t even have a driver’s license yet, you may be wondering if they are legally liable for the accident. Proving fault in this situation can be tricky. A lawsuit may be brought against both your child and the instructor depending on who was operating the vehicle at the time of the accident and if there was negligence involved. In many cases, fault may lie with the instructor because they are trained to intervene in emergency situations.

2. Can I be held liable for an accident that occurs during a test drive?

Yes. This is the reason that you are asked to produce your driver’s license and insurance information before you are permitted to take a car for a test drive. The car dealership may have insurance that can cover the costs of an accident beyond what your insurance will cover, but you can be legally sued in civil court if the victim decides to pursue that route.

3. I was rear-ended and sent into the back of the car in front of me. Am I liable?

Generally speaking, you are not liable for being pushed into the car in front of you if you were far enough away from that car. On the other hand, if you were riding the car’s bumper, you may be cited for following too closely. In the majority of cases, the person at the end of a chain collision is the one who will be held legally liable for the accident. In all cases, the unique set of circumstances will come into play.

4. What if I’m in an accident in the company car?

Things are a bit gray if you are involved in an accident while driving the company car. If you are driving in the scope of your duties, your employer may be held liable, and you may be entitled to workers’ compensation — if you weren’t at fault. If you are driving to or from work, you could be held liable. If you are involved in an accident while driving your employer’s vehicle, you should consult an attorney to determine who may be held liable and what your options are.

5. I’m an Uber driver and was found at-fault in an accident, am I liable?

Uber carries insurance for its drivers and, in most cases, will cover an accident caused by a driver. A driver being personally on the hook for an accident may depend on if they were actually ferrying a rider at the time of the accident.

At Auger & Auger, we have experience in all types of car accident in Charlotte. Reach out to our team for a free consultation today. If you were injured in an accident, there are options available to you under current state law.