When a 3rd Party Is Responsible for Your Accident
By Christopher Hoffmann
Jan. 6, 2014 12:19p
We know that there are many different types of car accidents and hundreds of ways that they may be caused. Most often it is the inappropriate action of a driver that causes a crash, and the injured party must explore in what way their negligence is to blame. Surprisingly, they may find that an outside, 3rd party was aware there was a risk with this driver and still permitted the individual to drive. Consult with a
Missouri car accident attorneyif you believe that your car crash may have been prevented had someone else acted responsibly beforehand.
Dram Shop Lawsuits
The most common instance of 3rd party claims for a car accident are
dram shop cases. This is where a bar or restaurant is sued for serving a patron alcohol even after they exhibit signs of intoxication. If that person then leaves the establishment and injures someone in a car accident, the establishment could be held liable. A dram shop specifically applies to a venue that sells alcohol for consumption on its premises. They were enacted to hold those who profit from the sale of alcohol liable for damages that could occur. In Missouri, there are currently no statutes in place that apply to alcohol being served in a private setting.
Other 3rd Party Claims
There are other instances besides a drunk driving crash where 3rd party involvement comes into play, such as faulty parts on a car or poor maintenance at a mechanic shop. In Greene County, a female driver filed a claim against a used car lot who had sold a vehicle to a driver who had admitted to the them that he had previously experienced black outs while driving. While driving the used car, he crashed into the plaintiff head on and caused her debilitating orthopedic injuries. The insurance company for the car lot refused to pay the $300,000 policy limit that the woman asked for and the case proceeded to trial. The Missouri jury found the car lot at fault and awarded the plaintiff and her husband $1,262,000 plus interest.
Contact an Attorney
When investigating the details of your accident, a car accident attorneywill carefully weigh all of the details leading up to it in order to decide the most appropriate way to proceed. Filing claims against large companies for faulty products or even smaller companies like the before mentioned case are difficult. Corporations and businesses have the money to spare and reason to fight the claim aggressively. No corporation wants to make headlines because a product they endorse and market is causing harm.
When involved in a car accident you should never rely solely upon another persons' assessment to decide whether or not to pursue compensation for your injuries. Police reports are based on their observations of the accident only. They have no way of knowing about any extenuating circumstances that may have led up to it.
Before making any decisions about your car accident, you should talk with an experienced car accident attorney. If you lost time from work and are facing a mountain of medical bills you want to be sure that all avenues of compensation are explored.
To schedule a free consultation with a St. Louis car accident attorney, call The Hoffmann Law Firm, L.L.C. at (314) 361-4242 or
contact us online.
photo credit: ChuckSchultz via Flickr
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