Been in a limo accident? Need to know who is liable?
Limousine accidents are different from normal car crashes. This is the reason why you may be confused about who can take the liability for the limo crash.
Limousine Accident Lawyers – Who Is Liable
Limousine accidents are far more serious than standard car accidents. But, when a limo crash occurs, many people can be liable. This is why it can be difficult to find the responsible party.
The bad news is that most people are unaware that limo accidents are bound by a different set of liability rules than other automobile accidents. The bad news is that victims are unaware of where to go.
The good news is you are in the correct location. Continue reading to learn more about how liability is established in limo accidents.
What will you learn?
- The Distinctiveness of Limousine Accidents
- The parties that can be found liable in a limo crash
- The method of proving negligence in limousine cases
- The action to be taken after the limousine accident
The Distinctiveness of Limousine Accidents
Limousine accidents are unique to other automobile crashes.
In the normal case of a vehicle accident, liability lies between the drivers of one car. If a limousine accident occurs, however, there are several potential defendants.
Due to this, it is critical to work with a qualified limo accident attorney to help victims obtain compensation.
Here’s why these accidents are so unique:
Stretch limousines are created as a result of normal vehicles. Limousines are altered in shape and length by aftermarket vehicle modification firms.
Because of this, there are safety concerns that do not exist with other vehicles. In accordance with National Highway Traffic Safety Administration, in recent years there were twelve wrecks and twelve fatalities from limo wrecks.
If you compare the number of large limo wrecks and the death rate, it is low. But for limo accidents, which are uncommon, the chance of death from a limo accident is rare. As per NHTSA, nearly every incident in the United States had several or more fatalities.
That is why the National Safety Council have also put emphasis on the safety issues of limousine crashes. Standard automobiles are fitted with safety equipment such as airbags and seatbelts that can save the lives of car drivers.
But a stretch limousine may not need to be reinspected or retested for a crash once it has been modified. There is also a problem with modification services that cause further problems.
The parties that can be found liable in a limo crash
Multiple parties can share liability for an accident. The most important thing for the victims is to know who these people are.
The Limousine Driver
A limousine driver is the most common actor in a crash. Speeding, driving while distracted or impaired, and driving under the influence are all examples of motor vehicle negligence.
But just like that, limousine accident attorneys rarely just blame the drivers of accidents.
Why?
Simply because many limo drivers are employed or contractually employed by limo businesses. As a result, they can hold the employer accountable in court.
The Limousine Company
Limousine enterprises are in charge of limousine ownership. If you operate a company and hire unlicensed drivers, you may be found accountable for your passengers’ injury.
The company might be held accountable if they were aware of any of the following aspects of the vehicle:
- Failure of a mandatory inspection
- Ignoring necessary fixes
- Hiring unlicensed drivers
- Being operational in violation of required certifications and registrations
- Ignoring safety regulations and safety
When a limo company allows itself to be used by using another vehicle. In order to save money and increase profits, the firms must place passenger safety first.
Vehicle Modification Companies
Limousines are made by aftermarket modification companies, which are the usual vehicles altered by the company. The liability for the limousine crashes will be questioned by the third party.
The structural weaknesses from the stretching process, inadequate brakes for the heavier vehicle, or the improper installation of safety equipment, are just a few examples of these.
Maintenance Providers
A third-party mechanic or repair shop could also be at fault. Limousine accidents may also name a service company as a defendant if it performed shoddy repairs or falsified maintenance records.
The method of proving negligence in limousine cases
Limousine accident victims must demonstrate negligence in order to be victorious. These four factors are needed to demonstrate negligence.
Duty of Care
The accused owed the victim a responsibility to act responsibly. Because they are common carriers, limousine businesses owe a high standard of care to their passengers.
Breach of Duty
The responsible party broke the trust or duty that he or she had to the victim. That could mean taking the road with a car that has failed an inspection, engaging an unlicensed driver, or disregarding safety legislation.
Causation
The accident and injuries were a direct result of the violation. The claimant must be able to establish a link between the cause of the accident and the carelessness that led to the accident.
Damages
The victim incurred actual losses. This means the money that they had to pay, pain and suffering, lost wages, or wrongful death in the case of the deceased.
The action to be taken after the limousine accident
After a limousine accident, there are certain things that a victim must do.
Seek medical attention immediately
After a limousine accident, you may appear to be unharmed. But, you should go to the hospital or your doctor.
The problem is that you may have sustained harm that you are unaware of or not discovered. These kinds of medical files will be beneficial to victims as evidence.
Documentation of all aspects of the crime
Documentation of everything. Photographs of the scene, if possible, of the accident. Get the information of anyone who has witnessed the limousine accident and keep a record of all medical invoices and any other information or advice you have been given regarding the accident.
Avoid giving a recorded statement
Insurance companies may try to acquire victims in a position where the insurance agency is on record.
So, it is vital that a person in an accident of limousines should not speak to the insurance company without an attorney’s advice. This is because a victim can really do a lot of damage to his case.
Contacting an attorney is a must
Evidence may disappear in an accident. The evidence, including witnesses who will forget the date or the events, will be gone if it isn’t acted upon immediately.
An attorney is important as soon as the victim is free. The attorney will begin to do an inquiry and act as the case needs.
Limousine Accident Lawyers: Who Is Liable: Wrap up
Limousine accident cases are quite different from other accident cases. But in limousine accidents, numerous persons may share liability.
When it comes to limousine accident cases, in which case there can be the driver, limousine business, a mod shop, or a third-party maintenance provider.
The individual concerned needs to be cautious so that it might help to protect the evidence and rights.
The important things that you need to learn from this are:
- Many defendants may share liability
- It also has a set of regulatory lacunae
- Negligence must be proved by showing
- There are greater responsibilities of limo businesses to common carriers
It is not a good idea to fight such cases alone. The right attorney may be able to assist the case in finding all the guilty and working hard for the maximum payment.
