QUESTION
Who is liable for a car accident with a pedestrian on a commercial property?
Asked on Sep 25th, 2012 on Personal Injury - California
More details to this question:
The business owner has no insurance property. The owner has valid insurance. The car hits a pedestrian on business property and causes major bodily harm car is owned by business.
18 ANSWERS
Bankruptcy Attorney serving Bellevue, WA
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Wild Sky Law Group, PLLC
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The person who is liable is the person driving the car, and possibly their employer if that person was on the job. The insurance that would cover it is the insurance on the vehicle, provided the person was driving with permission of the owner.
Answered on Oct 03rd, 2012 at 4:54 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Regardless of where the accident occurred the owner and the driver of the car is responsible if the driver was negligent.
Answered on Sep 27th, 2012 at 3:43 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The owner and operator of the car would be liable if anyone. You will have to show that the pedestrian was totally without fault and you must show negligence on the part of the operator of the car. just because an accident happens does not automatically mean money.
Answered on Sep 27th, 2012 at 3:43 PM
Ronald A. Steinberg
Unless the pedestrian "darted out in front of the car, " the owner and the driver of the car are responsible. This is an auto case, not a premises case.
Answered on Sep 27th, 2012 at 3:34 PM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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The party or parties that were negligent and caused the harm are responsible. It sounds like the driver is the primary responsible party but there could be others. There was not enough info given to be able to tell.
Answered on Sep 27th, 2012 at 1:59 PM
Personal Injury Attorney serving Upland, CA
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Lee Brown & Associates
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Potential defendants are the business, the business owner, the driver, the owner of the vehicle.
Answered on Sep 27th, 2012 at 1:20 PM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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The driver is responsible.
Answered on Sep 27th, 2012 at 1:19 PM
Thomas Edward Gates
If the driver's company has insurance, their insurance coverage is liable. If there was no insurance, the company is directly responsible and would have to pay out of their funds. This assumes that the driver was negligent, but performing his assigned duties. If he was doing a job not part of his job description, the driver could be personally liable.
Answered on Sep 27th, 2012 at 11:55 AM
A question asking who is liable is the same thing as asking who is at fault. I, and no attorney responding, can tell you who is at fault by the limited facts you have provided. The fact that it happened to commercial property and the vehicle involved was owned by a business does not mean that the business or the commercial property owner would automatically have to pay. You may have a case or you may not, it just depends on how the accident happened and who caused it, the driver or the biker or both.
Answered on Sep 27th, 2012 at 11:54 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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The driver of the car is liable. If the driver was driving in the course of employment with the business, the business is also liable.
Answered on Sep 27th, 2012 at 11:53 AM
Steven D. Dunnings
If the pedestrian owns an automobile, his/her insurance is responsible for the medical bills. If no insurance, then go after anyone who has insurance.
Answered on Sep 27th, 2012 at 11:51 AM
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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The driver of the vehicle who hit the pedestrian is liable for the pedestrian's injuries and damages. If the driver was working for a company at the time of the accident, then both the driver and company are liable as a company is "vicariously" liable for the negligence of their employees. If the vehicle was insured then that the insurance company would have to pay the pedestrian on behalf of the driver and company, if applicable. If the vehicle was not insured, then the driver's or company's automobile insurance company would have to pay. A vehicle's automobile insurance is primary; a driver's insurance, if the owner and driver are insured under the same insurance policy, is secondary. Unless the owner of the property was negligent, that is, the owner did something wrong that caused the accident, either in full or in part, the owner would not be liable for the accident. You might want to talk to a personal injury attorney about the case.
Answered on Sep 27th, 2012 at 11:51 AM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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The business and the driver are on the hook.
Answered on Sep 27th, 2012 at 11:49 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The driver and owner of the car which caused the injury are potentially primarily liable. There could be others. Seek counsel.
Answered on Sep 27th, 2012 at 11:48 AM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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The car owner is liable.
Answered on Sep 27th, 2012 at 11:48 AM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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Driver and business are liable, assuming of course that the driver was negligent. Anytime pedestrians are struck, unless it is in a crosswalk there can always be an argument that pedestrian either caused or contributed to the accident. A traffic collision report attributing fault to motorist would be helpful.
Answered on Sep 27th, 2012 at 11:46 AM
The driver would be responsible for your injuries if he is determined at fault. As far as insurance, the car insurance would apply here. However, it is possible that the business has insurance (not property necessarily) that may also be available.
Answered on Sep 27th, 2012 at 11:46 AM
Business Law Attorney serving Walnut Creek, CA
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Hirsch, Closson, McMillan & Schroeder, APLC
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The owner and operator of the vehicle are both potentially liable. Auto insurance is likely the applicable insurance. Both the owner and operator should carry such insurance. Unless the commercial property somehow contributed to your injuries, the location of the accident is likely irrelevant.
Answered on Sep 27th, 2012 at 11:45 AM