In the classic car accident, only two vehicles are involved, and injured drivers blame each other for the collision. But in some cases, an injured victim might actually sue multiple defendants. This is often a good strategy, as more defendants means a victim is more likely to receive full and fair compensation for their injuries.
Ball, Kirk & Holm, P.C., is an established law firm which is always looking to increase the compensation our clients receive. Contact us to speak with our Des Moines car accident lawyer. We have offices in Waterloo, along with Iowa City, and can come out to meet with victims when circumstances warrant.
Situations Where Multiple Defendants Are At Fault
Under Iowa law, a car accident victim can submit a claim against any defendant who has some share of fault. There are many situations where multiple people or businesses could be to blame:
Accidents Involving Employees
You might have been injured by someone driving for work. In that case, you can typically bring a claim against the driver for negligence but also against their employer if the driver was on the clock when the accident happened. Iowa has adopted the “respondeat superior” principle, which means an employer is legally liable when their employee hurts someone while working.
Suppose a delivery driver crashes into your car at an intersection. If the person was working, you can typically sue the employer in addition to the worker.
Let us review if this is a possibility. Typically, you cannot sue an employer if the worker was an independent contractor, but we need to fully analyze all the facts.
Multi-Vehicle Car Accidents
Multi-vehicle accidents present opportunities to sue more than one motorist. These are complicated accidents, and possibly two or more drivers could be to blame.
Suppose you are on the highway when a distracted driver crashes up ahead. Those vehicles come to a stop in the middle of a highway. To avoid a collision, you hit the brakes, but a motorist tailgating behind you slams into your rear fender.
In this situation, two drivers could be at fault—the driver who initially caused the crash, and the tailgating motorist.
Defective Vehicles
Some cars crash because of a part which didn’t work properly. Imagine the steering system suddenly failing, or a driver stomping on the brakes but nothing happens.
Defects might be the result of flaws in manufacture or design, or a mechanic could have made faulty repairs. Your Des Moines car accident lawyer should review all the evidence to determine if worn or defective parts contributed to a crash. We could sue both the vehicle’s owner and the mechanic or manufacturer.
Accidents Involving Rental Vehicles
Typically, rental companies are not liable for accidents caused by people who rent from them. However, there are exceptions to this general rule.
Perhaps the rental company failed to maintain their vehicles, so they are on the hook if a defect leads to a crash. In other situations, they might rent to someone who was visibly unfit to drive. For example, they cannot rent a vehicle to someone without a license or a customer who is visibly impaired. If they do, we might add them as a defendant, along with the driver who struck you.
Drunk Driving Accidents
Generally, bars and taverns are not legally liable if they serve someone who then goes out and gets into a crash. But Iowa’s dram shop law creates exceptions. (Iowa Code § 123.93.)
You might sue an establishment if they served alcohol to someone who was “visibly intoxicated.” That might mean the drunk driver was already slurring their speech or reeked of alcohol when a bar served them up another beer. We can use this law against a bar, restaurant, tavern, or any establishment with a liquor license.
Under the law, you can sue both the drunk driver and the establishment which served them. That is a way to increase the compensation. True, the law limits the amount an accident victim can receive in most cases. But some money, and accountability, is better than nothing.
Protecting Against the “Judgment Proof” Defendant
Personal injury claims seek financial compensation from negligent or reckless defendants. But some defendants have no money, and they could possibly have no insurance, either.
A drunk driving accident often involves an intoxicated motorist who let their insurance lapse. They also might have only a few hundred dollars in a bank account, and any other assets are exempt. What can you do?
This is where adding a second defendant is a good strategy. They could have insurance or more resources to pay compensation for your injuries. By casting a wider net, we can help avoid the problem of a judgment proof defendant without any resources to pay our client fair compensation.
Other Strategies to Increase Your Compensation After a Car Accident
At Ball, Kirk & Holm, our clients’ wellbeing is our guiding principle. We fully review all possible avenues of receiving compensation. For example, you might have uninsured and underinsured motorist insurance for your car, which is a big help. We can submit a claim on that insurance policy when an uninsured motorist crashes into you, or if the at-fault driver has insufficient coverage.
Another strategy is to immediately respond to accusations of comparative negligence. Some defendants unfairly blame our clients for negligent driving, such as texting behind the wheel or speeding. You cannot afford to let these accusations slide. We respond by showing how your own negligence, if any, was a minor factor in the wreck and should not result in a lower settlement.
Schedule a Consultation Today
Car accidents cause thousands of dollars in damages, and injured motorists should hire the right law firm to represent them in negotiations. Inexperienced lawyers often accept the first offer, believing it is the best that they can get. We know better. Our lawyers have fought and won large settlements for injured victims. Contact Ball, Kirk & Holm to speak with a member of our team.