subject: Who Is Liable In A Car Accident Plano? [print this page] To begin with, there are a lot of categories of a Car Accident Plano liability. Basically, there are vicarious liability, public liability, and owner's liability. The consideration to judge the liabilities also vary from one state to another in the US.
Many states regard that each driver is responsible for his own damage. Nonetheless, the law will not be enforced when serious damage, either to the person or to properties, occurs. The liability in a car accident will be divided into two aspects. The first one is the 'actual damages' which covers the actual value such as other people's properties, cars, loss of wages, and medical expenses.
The other aspect is 'moral damages' that would cost approximately one third of the whole damages. This is in line with the pain and suffering conception in United States. Recently, some of the states have implemented new standard that allows judges to eliminate the legal limits of the moral damages based on the nature of the incident. The Financial Responsibility requires that the liability should cover some aspects when a car accident takes place.
The limit of the moral damages is counted by considering the loss of every injured person, the whole number of people who are injured, and the properties that are damaged. The driver, though, has a right to refuse this in writing. The public liability is usually based on agreement with the authorities where the accident happened.
A car owner will also be liable when an accident that involves his vehicles happens. If he allows somebody else to drive his car and then the accident occurred, he and the borrower will share the liability to the accident. Most authorities will consider the owner guilty for the action of lending the car, especially when done carelessly.
The reason behind this law is to protect every victim of the accident. The borrowers usually do not have any insurance to protect them, while all car owners must have at least one type of insurance to guard them. The owner becomes liable because he deliberately allow the borrower to drive his car. However, this is also depending on the place where the incident takes place.
Yet, not all states implement this law. Although the owner will not be liable if his car is involved in an accident when driven without his authorization, he could be liable when his car is stolen. This happens when he complacent enough to leave the key in the car so it easily stolen, and then the car is involved in an accident.
An employee who drives his company's vehicle and getting into an accident when he is on duty will not be liable alone; his company will also have to be liable. The employer is liable because it is the employer's responsibility to make sure that the person has a good driving records as well as a valid driving license before making him an employee.
If a car accident happens when someone is driving a leased or rental car, the only insurance that protects the driver is his own individual insurance. If the person wants to be safer, he has to buy a different insurance from the Automobile Rental and Leasing Company.
