If you've been in an automobile accident and you think that you may have been at fault in the accident, there are certain steps you can take to protect yourself from lawsuits. Although lawsuits stemming from automobile accidents are generally based on negligence, they can also be based on gross negligence or willful and wanton behavior. Also, lawsuits can be brought by and against different people.

Steps to Take

Automobile accidents happen unexpectedly. So, it's important to know what you should do before the accident happens. If you think that you may have been at fault in the accident, it is especially important to do the following:

  • Get the names, addresses and telephone numbers of any witnesses.
  • Don't discuss the accident with anyone at the scene other than answering a policeman's questions.
  • Mentally note the circumstances of the accident, such as the time and place and what actually happened. Write this down as soon as you get home after the accident.
  • Call your insurance agent to report the accident and to ask about the claims process.
  • Read your insurance policy for guidance on your rights and duties under the policy.
  • Call your attorney for legal advice about the accident.
  • If there have been any personal injuries or property damage, you should seriously consider filing a claim with your insurance company or companies. By timely filing a written claim with your insurer, you are providing the insurer with the required notice that an accident has happened. This will trigger your insurer's obligations under the policy. If you do not comply with the notice provisions of your policy, your insurer may be relieved of its obligations to defend you in lawsuits and to reimburse you for judgments against you.
  • If you are sued by anyone who suffered injury or property damage in the accident, notify your insurer immediately.

Kinds of Lawsuits

Most lawsuits that are filed due to an automobile accident are for personal injuries and property damage. They are based on the driver's negligence or carelessness. The negligence can be direct, such as failing to keep a proper lookout, or indirect, such as negligently entrusting an automobile to someone else. The plaintiff (the person filing the lawsuit) must prove that the defendant had a legal duty to use care, that the defendant violated that duty and that the defendant's actions caused the plaintiff's injuries.

Some personal injury lawsuits are based on gross negligence, which is a type of negligence. Gross negligence may be defined as the want of even slight care or diligence, the failure to exercise slight care, and greater carelessness than the want of ordinary and common prudence. The issue of gross negligence arises most frequently in lawsuits involving automobile guest laws. Under these state laws, a passenger, other than a paying passenger, may recover for the driver's wrongful act only where such conduct exceeds ordinary negligence. The issue of gross negligence also arises when a plaintiff is seeking punitive damages, which is a monetary award that punishes the defendant for his actions.

Other personal injury lawsuits are based on willful or wanton acts or recklessness. Willful or wanton misconduct is an activity which creates an unreasonable risk of bodily harm to another, together with a high likelihood that substantial harm will occur. Such conduct may involve a willful recklessness or a reckless disregard for the safety of others. These acts may be done on purpose and include intentional misconduct. Whether conduct was willful or wanton is important for purposes of determining whether a guest statute applies, as well as the availability of punitive damages.

Lawsuits by and against Specific Persons

Lawsuits may be filed against certain persons involved in some way in the accident, including:

  • The driver. The driver of an automobile that is involved in an automobile accident is principally liable for his or her own negligence. Under some circumstances, an owner may be legally responsible for the negligence of the driver.
  • The owner of the automobile. Unless otherwise provided by law, an owner generally isn't liable for the careless behavior of a person who drives the owner's automobile. To recover from the owner, an injured person usually must show more, such as the owner's negligent entrustment of the automobile, that the driver was the owner's agent or that the owner had control over the driver or automobile. Under some state laws, the owner may be responsible for the actions of the driver of the owner's automobile if the vehicle was being driven with the owner's consent. Some state laws provide that the owner of an automobile who allows a family member to drive the family vehicle may be liable for driver's actions. The family purpose doctrine imposes liability on the owner of an automobile that is purchased, used, maintained and driven as the family car.

Lawsuits may be filed by and against:

  • Guests and passengers. Most of the time, the driver of an automobile with guests and passengers can be sued for negligence that results in the injury of the guests and passengers. In states that have a guest statute, the driver's guests and non-paying passengers must show that the driver was grossly negligent. Lawsuits may be filed by and against guests and passengers under the theory of joint adventure. At one time, a joint adventure in an automobile could be defined as a trip by two or more persons for a common purpose. Today, most courts require a significant community of interest to find a joint venture. Under this theory, the negligence of the driver may be imputed to a joint-adventurer who is a passenger. Therefore, a lawsuit against a passenger may be based on the negligence of the driver without showing independent negligence by the passenger.
  • Husbands and wives. In most states, husbands and wives can sue each other for personal injuries caused by the other spouse in an automobile accident.
  • Children. In most states, a child motorist is held to the same standard as an adult motorist. Therefore, a child motorist can be sued for negligently causing injury.
  • Employers. An employer can be held responsible for the negligent operation of an automobile by an employee who was acting within the course and scope of his or her employment.

If you have any questions about what you should do if you think you were at fault in an auto accident, contact an Automobile Accident Lawyer in your area.

Questions for Your Attorney

  • Can someone who was injured in an automobile accident sue the driver of the other vehicle involved in the accident after the other driver's claim period under his insurance policy has expired?
  • What action supports a claim for punitive damages against the owner of the vehicle that ran into my car?
  • If I was talking on my cell phone while driving my car and I was involved in an accident, can I be sued for negligently causing the accident?