Who is Liable for Pain and Suffering After a Georgia Car Accident?
If you’ve been hurt in a Georgia car accident, you might wonder whether you can recover damages for pain and suffering. When another party is responsible for your accident, you may have this option. These non-economic damages focus on how the injury affects your life day to day – things like anxiety, depression, sleepless nights, loneliness from missing out on family gatherings, frustration from not being able to play sports, or embarrassment about scarring after the accident.
These damages recognize the ways your quality of life has changed in ways that aren’t fully financial. It’s essential for victims to understand who could be responsible so they know who to recover compensation from. Below are some of the parties that may be liable for these types of damages. If you or a loved one has been injured in a car accident in Peachtree Corners, GA, contact our experienced Peachtree Corners car accident lawyer for a free consultation.
At-Fault Driver
Most car accidents go back to the actions of a driver involved in the accident. Drivers could be responsible if they were speeding, texting while driving, driving under the influence, or engaged in other reckless behavior that led to the accident. If evidence shows that the driver was negligent, that person can often be sued for injuries and losses stemming from the accident.
Employer of the At-Fault Driver
If the driver was working at the time of the accident – like making deliveries or driving a company car – the employer might also be legally responsible.
Under a rule called “respondeat superior,” employers are liable when workers hurt someone on the job, even if the employer wasn’t negligent themselves in any way. An employer may also be directly liable if they knowingly hired someone with a bad driving record or kept them on the job after accidents or complaints.
Owner of the Vehicle
Sometimes, the car’s owner can be blamed for letting another person drive it when they probably shouldn’t have. This is called negligent entrustment. For example, if the owner of a car lends it to someone they know is drunk or who has a dangerous driving history, they could be liable if that person gets into a crash.
Commercial Carriers
Truck companies, bus lines, and companies running delivery fleets have extra rules to follow. If these companies put unsafe vehicles on the road, ignore service requirements, or push employees to drive when tired, they put others at risk. Legal claims can be filed against these companies if accidents happen. Call our truck accident attorney in Peachtree Corners if you have been injured in a trucking accident.
Vehicle or Parts Manufacturer and Repair Shops
Defective vehicles or parts can increase the chances of a crash or make injuries worse. Car or parts manufacturers can be responsible if a component failed while in use – like tires, airbags, or brakes that did not work properly. Shops hired to perform repairs may also be legally liable if they were negligent in their work, like installing the wrong parts, which made the vehicle unsafe and caused a crash.
Government Entities
When roads are not kept safe, badly designed, or never repaired, a government city or county can bear some responsibility for collisions and the injuries that follow. For example, if a stop sign was down for weeks or traffic signals weren’t working properly and an accident happens as a result, the entity responsible for these repairs may be responsible.
Understanding liability helps you know who should pay for pain and suffering. If you are dealing with the aftermath of an accident, you never have to deal with it alone. You can reach out to our legal team so we can fight for what you deserve. Contact us today to schedule a free consultation.
