For our readers who are familiar with personal injury law, you may think of taking legal action against another driver who was negligent in causing a crash. What some people may not know, however, is that there may also be a third party involved. A recent case in Charleston shows how a car accident victim might approach such a situation.
In May 2011, a Charleston woman was stopped at an intersection when she was rear-ended by a police officer. The woman was injured in the crash and decided to file a personal injury lawsuit. In the lawsuit, she named not only the driver also the Charleston Police Department and the City of Charleston as defendants.
According to court records, the police officer's failure to control her vehicle led to the plaintiff's injuries. The plaintiff stated that she sustained permanent and temporary injuries, suffered lost wages, suffered mental anguish as well as pain and suffering, and experienced a loss of enjoyment of life, among other damages. The complaint was filed last month.
While we will have to wait to see what the judge in this case decides, this situation provides an example of when a third party might come into play in a personal injury or wrongful death lawsuit. If a negligent driver is on the job during a crash, his or her employer may also be held responsible if it can be shown that they somehow contributed to the crash, whether through lack of training or improper vehicle maintenance. An experienced attorney can help guide a crash victim through the process to ensure that the appropriate people are held accountable.
Source: West Virginia Record, "City of Charleston blamed for car accident," Kyla Asbury, Jan. 30, 2013