If you have been injured in a car accident, you may be entitled to compensation for your injuries. That is, however, if you can prove that someone else was responsible for causing the car accident.

To build a successful personal injury case, you must first establish who is responsible, or liable, for the accident. In cases that involve distracted driving, speeding, or a failure to yield, establishing liability is fairly simple to do. However, there are other situations where liability may not be as clear.

In this blog post, we explore instances in which a third party may be held responsible for your accident injuries. 

Accidents Involving A Work Vehicle

When you are injured in an accident caused by another driver, the driver who caused the accident would typically be held responsible for your injuries. This changes, however, if the driver was operating a vehicle for work. For example, if an electrician is driving a company truck to an appointment, then the electrician’s employer may also be legally liable for any accidents caused by the electrician.

California law states that if an employee is driving his or her vehicle to perform work or perform some action for his or her employer, then the employer is responsible for any injuries resulting from a car accident caused by the employee. However, if the employee was driving for their own benefit (i.e. running personal errands), driving home from work, or committing a crime at the time of the accident, then the employer may not be held liable. 

One important distinction when determining employer liability is the difference between full time employees and independent contractors. In an employer/employee relationship, the employer is held vicariously liable for the negligence of its employees. In an independent contractor relationship, the employer is not responsible for the acts of the independent contractor. 

At Schwimer Weinstein, we will take a look at the specific facts of your case and help you uncover all potential sources of financial recovery after an accident.

Accidents Caused by Road Conditions

While some accidents are caused by the negligence of other drivers, some are caused by dangerous road conditions. Potholes, poorly built structures, missing guardrails, and lack of road maintenance can all cause accidents leading to serious injury.

In cases that involve accidents caused by hazardous road conditions, a government entity may be held liable for injuries. This could include entities such as the city, county, state or federal government as well as private landowners where the street is located.

Cases involving a government agency can be quite complex, which is why it is important to consult with an experienced personal injury attorney to discuss the specific facts of your case before accepting a settlement offer.

Accidents Caused By Defective Products

Accidents sometimes occur when car equipment malfunctions. Faulty braking systems, airbag malfunctions, and other defects can cause serious injury in the event of an accident. If you are injured by equipment found in your car, then the manufacturer of the car or the specific part may be held responsible for your losses. 

Cases involving defective products can be quite complex and involve a number of different parties. An experienced Santa Monica car accident attorney can help you determine who is liable for your injuries and seek the compensation you deserve.

Accidents Caused By You

If you were injured in an accident that you caused, you may still be entitled to compensation. California is a comparative negligence state. This means that you can recover damages even if you are 99% at fault for the accident. However, the amount you can recover will be reduced by the percentage of your fault. For example, if you are 10% at fault for your accident, then you can only recover 90% of total damages. Fault is determined on a case by case basis, and the determination depends entirely on the facts of each case. 

Hire A Santa Monica Car Accident Attorney Today

If you were injured in an accident that was not your fault, and you do not know where to turn for help, get started with an initial consultation with the attorneys at Schwimer Weinstein. Contact us online or call us at 310-957-2700 to schedule a consultation with one of our Santa Monica car accident attorneys today.