In the aftermath of your car accident, you might struggle to figure out your next steps. This is understandable given the pain you’re enduring and your focus on treating your injuries. Yet, you have to develop a plan if you want to recover the compensation you need to offset your damages. That starts with figuring out who can you sue after a car accident?
Can you take legal action after your car accident?
The first question you need to answer is whether you can even take legal action. To succeed on a personal injury claim, you’ll have to demonstrate that the other driver operated their vehicle in a negligent fashion, and that their negligence caused both your accident and your injuries. If another party in your accident didn’t act negligently, then you won’t be able to take legal action against them.
It’s also worth noting that Tennessee recognizes comparative negligence, meaning that you’ll be denied compensation if you’re found to be 50% or more at fault for the wreck. If you’re found to be less than 50% at fault for the accident, then you’ll still be able to recover compensation, but your ultimate recovery will be reduced by the amount of fault allocated to you.
Who you can sue if negligence has occurred
On their face, car accident lawsuits can seem straightforward. In reality, they’re fraught with nuances that can make proving a personal injury case difficult. If you’ve been hurt in an accident, then consider taking legal action against these parties to ensure that you’re maximizing any potential recovery:
- The negligent driver: This seems obvious, but you should file a claim against the negligent driver who caused your accident. You’ll just need to be prepared to show how they acted negligently and how their negligence led to your crash.
- The negligent driver’s employer: If the negligent driver who caused your accident was on the job at the time of the accident, you might also be able to take action against their employer. Through the legal theories of vicarious liability and respondeat superior, employers can be held accountable for the negligent actions of their employees. You’ll just have to show that the driver was on the clock and performing their job duties at the time of the accident.
- The negligent driver’s parents: If your accident was caused by a teenager, then you’ll likely have to file a claim against their parents.
- The owner of the car being operated by the negligent driver: In some instances, the car involved in the accident was borrowed from someone else. If that’s the case, then you might be able to sue both the negligent driver and the individual who loaned the car to them.
As you can see, there are a lot of people you might be able to sue in the aftermath of your car accident. You just have to know how to apply the law to your set of circumstances in the most advantageous way possible.
Explore all of your legal options for finding accountability after a car accident
If you want to recover as much compensation as possible after a car accident while imposing as much liability as you can, then you need to be thorough in assessing your circumstances and aggressive in pursuing your legal rights. We know that can be stressful to do when you’re focused on treating your injuries and recovering your normal life, but there is help out there that can guide you along the way to better ensure that you maximize your chances of securing the outcome you deserve.