The first and most obvious question anyone who’s been in a car accident asks is “whose fault was it?” Finding out who exactly is responsible for a car accident determines who will pay for the damages caused by the car accident.
Determining fault in a New Bedford car accident claim is not always easy but there are some instances where it is fairly easy. For example, if you ran a red light or you were texting and driving, then figuring out who should be held liable is very easy. Below are 4 factors to consider in any car accident:
1. What Happens if Your Get Into an Accident with a Student Driver?
It’s very easy to feel pity for the student driver if they caused an accident. After all, they are a learner but in such a situation, who should be held liable especially if your injuries from the accident are very severe?
Private driving schools in New Bedford MA, have insurance policies that cover all cars and student drivers taking the driving course. Driving schools usually buy policies designed specifically for them but it is very rare for student drivers to get into accidents during ed sessions.
However, if an accident occurs during an ed session, then it is considered like an accident with rental cars. If the driving school refuses to compensate you for your damages or injuries, then you can file for a personal injury accident claim. If the student driver’s course was part of a public school curriculum, the you can also hold the school liable for damages if the driving instructor is found to be partially liable. You can also sue the school but it may not be as easy. You should consult with a New Bedford car accident lawyer about your claim.
2. Who is Liable for a Car Accident During a Test Drive?
Most car dealers have insurance policies that cover all the cars they are selling. If yo happen to get into an accident while out on a test drive, the dealership will cover the costs of repairing their car through their insurance.
If there is any damage to your car, the claim will be treated as any other personal injury case.
3. Is My Employer Liable for My New Bedford Car Accident Claim?
If you were involved in a car accident and it was your fault, then you are liable for the damages. However, it’s not that simple to assign liability if you were involved in a car accident during working hours.
Employers can be held responsible for an employee’s actions under the vicarious responsibility principle. It applies if:
- Your actions were done while on the job
- You were doing duties specifically assigned to you by your employer
- Your actions were related to your job description
- Your employer was a direct beneficiary of the activity you were doing when the accident happened.
If any of the above apply to your case, then your employer will be held liable for the accident. Apart from paying for damages, he is also supposed to compensate you for any injuries that you suffered as a result of the accident.
You will be covered under workers compensation and it should cover your lost wages and medical bills. If you were involved in an accident on your way to work, you may not be compensated by your employer. Your commute to work is not considered to be withi the scope of employment. However, if you were involved in an accident under special circumstances such as traveling for a business trip, then your employer should compensate you.
4. What if Your Car Gets Hacked? Are You Liable for the Accident?
You will need to prove beyond reasonable doubt that your car was hacked and that you did everything that you could to prevent it from getting hacked. You have to prove that you were not aware the car could get hacked.
If the hackers are caught, they could face criminal and civil liability. Additionally, if the accident resulted in death, the hackers could also face a wrongful death suit or a much more serious offense.
The car manufacturer can also be held liable for the accident especially if they knew the car was vulnerable to hackers. They can be sued for product liability. The moment a car manufacturing company learns a particular car model is vulnerable to hackers, they are required to recall it
Talk to a New Bedford Car Accident Lawyer
If you have been involved in a car accident in New Bedford, MA, you should consider talking to a New Bedford car accident lawyer. They will be able to help you and even review your case for free the very first time you present it.
