Can I pursue multiple parties after a car accident? In most situations, you can seek legal action against multiple parties that are responsible for your injuries and losses. The burden of proof is on your shoulders as the victim. You must demonstrate that one or more people or entities caused or contributed to your injuries.
These are more complicated cases, but they are an important way for you to potentially extend your reach in recovering damages after an accident, and a Charlotte car accident lawyer can help with your case.
Meet the Standard of Proof of Negligence
To hold anyone accountable for your injuries and other losses, you must demonstrate that they were negligent under the law’s definition of negligence.
The burden of proving this is on your shoulders. That means the person at fault does not have to prove they are innocent, but you must demonstrate they are at fault. To prove negligence, four elements must be met:
- Duty of care: You must first demonstrate that the other party owes you a duty of care. That means they should act in ways that keep you safe, such as obeying traffic laws when driving.
- Breach of duty of care: In some way, the other party breached that duty of care. This may happen, for example, through a violation of the law. They must have done or not done something that contributed to your accident.
- Causation: Their breach of duty is what directly or indirectly caused the accident you suffered. You have to demonstrate how this applies in your situation.
- Damages: To file a lawsuit and hold someone negligent, you must demonstrate that you suffered injuries and financial losses stemming from that accident. There must be a clear link between the accident and your losses.
To prove any person is at fault in a car accident, you must demonstrate that all four of these elements are applicable. To do that, you need evidence that substantiates your case and claim. This is one of the ways a Charlotte personal injury lawyer can be very important to your case.
Speak with a Charlotte car accident lawyer and get a free consultation today.
Call (980) 294-4931Common Parties Often At Fault in a Car Accident
There are various situations where you may seek legal action against more than one party in a car accident. That means that more than one person may be at fault or contributed in some way to your injuries. Consider the following examples of when this may apply to your situation:
- There are multiple vehicles involved in a car accident. In these situations, it may be obvious that more than one driver caused or contributed to the accident and your injuries. You may be able to demonstrate that two other drivers caused the accident.
- The driver’s employer may be at fault. In some situations, the employer of the other vehicle could be held accountable for the accident if they knew or should have known that the driver was a risk and failed to act. Trucks and other commercial vehicles commonly fall into this category.
- The car’s manufacturer. In many cases of mechanical malfunctions, such as tire blowouts, brake failures, or engine failures, the manufacturer may have contributed to the accident. You must prove that the manufacturer of the vehicle or the part of the car caused the incident.
- The city or state. In some limited cases, you may seek a claim against a government entity if its actions contributed to the accident. This may be due to unsafe road conditions, limited visibility, or similar claims. This is only partially possible to do, and often within a very tight timeframe.
In each of these cases, you must demonstrate all aspects of negligence applied to your situation. If you are unsure how to do that or if you can do so, seek a free consultation from a local car accident attorney. They can provide you with clarity about your rights. Our Car Accident Victim Survival Guide has more information about these types of cases.
Sharing Fault May Bar You From Recovery
In some situations, you may be at fault in the accident as well. In these cases, you must abide by the state’s requirements under its negligence laws. These laws vary by state, and your attorney can clarify what applies in your situation.
In North Carolina, if you are found even to be 1% at fault, you cannot seek any compensation. The state follows a pure contributory negligence rule, which can be very limiting for those who may bear even a small amount of fault in an accident. Your lawyer will work with you to minimize any claims that you are at fault in these cases.
Working with an Attorney Can Be Critical
In cases where you believe another person is at fault, even partially, for your accident, it is necessary to work closely with a local attorney who can help you build your claim and find all of the evidence to support it.
This process takes time and requires a careful understanding of the law. That is especially true in cases where you may be at fault even to a small degree. This can substantially limit your ability to recover damages.
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Set Up a Free Consultation with Our Car Accident Lawyer
At Shane Smith Law, we fight for victims to receive fair compensation from all parties responsible for their harm.
You can pursue multiple parties after a car accident when your lawyer can determine who is at fault and why. Set up a free consultation with our car accident lawyer today to learn how we can support you in this process.
Call or text (980) 246-2656 or complete a Free Case Evaluation form