NEGLIGENCE I CAR ACCIDENTS I PERSONAL INJURY I FAQ CAR ACCIDENTS I FREQUENTLY ASKED CAR ACCIDENT QUESTIONS – [DUTY] Can I Sue the At-Fault Driver after a Car Accident? Does the At-Fault Driver Owe Me a Duty?
April 14, 2021
A common question following a car wreck is: “can I sue the at-fault driver after a car wreck” or “does the at-fault driver owe me a duty”. In short, the answer is yes. If you were involved in a car wreck, sustained personal injuries and the other driver was at-fault, then you can sue the at-fault driver. Generally, an injured party would not jump into a lawsuit automatically, it would be best to initiate an insurance claim with the at-fault driver’s insurance carrier and commence insurance negotiations. If insurance negotiations do not resolve the dispute, then the next step would be to file a lawsuit for personal injuries sustained in a car accident.
Most recently we published an article discussing “what is negligence” and as stated in that article, negligence tends to be the most common legal basis for liability in a car accident lawsuit. Other instances where negligence is the underlying cause of action includes:
In car wreck cases the injured party, whom is filing a lawsuit, is seek compensatory damages for his/her personal injuries and is alleging that the at-fault party owed him/her a duty. When looking to determine if a duty was owed, the injured party must establish that the at-fault driver had an obligation to operate the motor vehicle safely and with a certain level of due care.
Duties owed while driving a vehicle include:
The aforementioned obligations are the duties a driver owes others while utilizing the roadways. This article is a first of four discussing the first element of duty in a cause of action for negligence when filing a personal injury case resulting from a car wreck.
For more blogs discussing Negligent Cases including: auto collisions, trucking accidents, dog bites, wrongful death cases, motor vehicle accident claims, aviation accidents, pilot error cases, elder neglect, skilled nursing facility negligence, slips and falls cases, premise liability, product liability lawsuits and other personal injuries cases, see the links below:
Articles discussing what types of damages are available following an negligence and similar personal injury cases, links are included below:
Personal Injury Questions
If you were involved in an auto collision, trucking accident, dog bite, wrongful death case, motor vehicle accident claim, aviation accident, pilot error case, elder neglect, skilled nursing facility negligence, slip and fall case, premise liability, product liability lawsuit or have any questions about your personal injury case call us today at 619-432-5145 for a free consultation with one of our experienced Personal Injury Lawyers and San Diego Accident Attorneys.