This form is a sample personal injury complaint filed by the guest passenger in Vehicle 1 against driver of Vehicle 1 and driver of Vehicle 2, alleging the negligence of both drivers caused plaintiff's injuries.
Cuyahoga Ohio Complaint regarding Auto Accident (Guest passenger vs both drivers)
State:
Multi-State
County:
Cuyahoga
Control #:
US-PI-0304
Format:
Word;
Rich Text
Instant download
Description
How to fill out Complaint Regarding Auto Accident (Guest Passenger Vs Both Drivers)?
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FAQ
The owner of the vehicle, regardless of who was driving it at the time of accident, is liable to compensate the victim. The liability would shift on the insurance company if there was a third party insurance. 5. Police will file the case in all cases where the victim dies.
Joint andseveral liability mean that the victim can pursue litigation against multiple people even when each one caused only a small percentage of the harm. At-fault parties are liable both jointly (for all damages) and severally (for the specific damages they caused).
But as a thumb rule, every person who drives your car will be provided cover by your insurance company. The insurance company will exclusively mention someone who is excluded from the coverage and that particular person will not be provided coverage in case of an accident while driving your car.
The owner is not in the car at the time of the accident: Whether it's a case of negligent driving or a case of drunken driving, the onus is on the person driving. The car owner can be liable if the car was not in roadworthy condition.
In most cases where a passenger has been injured, they could claim against the driver, as the driver is the one responsible for their passenger's safety. The driver could be made to pay compensation out of their driver's insurance. Otherwise, you could claim against someone else if someone else was clearly responsible.
Determining legal responsibility for an accident or injury (often called "liability") can be complicated, but often rests on whether someone was careless or "negligent." It's easy enough to say that the person or business that caused an accident must pay for your injuries.
Unlike the driver of a vehicle, passengers can NEVER be at fault for road traffic accidents. As a result, they are ALWAYS entitled to recover the full amount of damages. If you have been injured as a passenger in an accident you may be able to sue: The driver of the car you were in.
At-Fault Passenger Claims Unlike drivers, a passenger may make claims against both drivers if both share fault in the accident that caused their injuries.
The National Highway Traffic Safety Administration reports that men cause an average of 6.1 million accidents per year in the US, and women cause 4.4 million accidents per year. Males do 62% of the driving, but only cause 58% of the accidents. So women do cause slightly more accidents per capita than men.
If someone else is driving your car and another person causes the accident, the at-fault driver's insurance is usually responsible for covering costs. On the other hand, if the driver of your car is at fault, your car insurance will usually cover damages.