Pursuing a Legal Claim for a Crash Involving a Car on a Test Drive
Consumers across the U.S. visit new car dealerships and take vehicles on test drives on a daily basis. Given the massive number of test drives that occur, there will inevitably be a number of these jaunts that cause crashes resulting in debilitating injuries. An accident reported recently by a national media source provides an example of a collision during a test drive. The woman was driving a Toyota Camry, and her father and a salesperson were passengers in the vehicle. The woman reportedly lost control of the car. The Camry became wedged between two other vehicles, which necessitated her being rescued by emergency responders.
While the facts of the case were still under investigation at the time of the media report about the crash, the issues arising out of a crash during a test drive differ some from those in other auto accident cases. An injury victim might have a legal claim for damages against the same parties that often are responsible in other types of crashes, such as:
- Negligent drivers in other vehicles; and
- Manufacturers of defective components, systems, or vehicles
While all of these parties might be liable in other types of crashes depending on the facts and circumstances, the car dealership also might be responsible. The car dealership typically will have insurance that covers accidents involving their vehicles whether the crashes occur on or off the property. However, the car dealership might pursue you for damages if you are the one who causes an accident while on a test drive. However, the auto dealer should be liable if its failure to properly maintain and service the vehicle contributed to the collision.
If you are driving your own vehicle, the car dealership and/or the driver trying test-driving the vehicle both might be liable. Liability of the test driver would depend on whether the crash was caused by his or her negligent driving. If the dealership did not bother to confirm their customer had a valid driver's license, the dealership might constitute a viable defendant. The liability of the dealership in this situation would be especially important because an unlicensed driver also typically will be uninsured.
When you are hit by a new car shopper on a test drive, you should obtain insurance and contact information from the customer and dealership. Photos of damage to the vehicle being driven by the individual on a test drive should also be taken before the damage is repaired. Once repairs have been performed, an accident reconstruction expert might be deprived of valuable information regarding how the accident occurred and the fault of the other motorist.
Put Our Law Firm's Over 35 Years of Experience to Work For Your Claim
If you have been injured in a crash involving a vehicle on a test drive, our experienced Atlanta Auto Accident Lawyers are committed to protecting the rights of our clients and pursuing a favorable outcome. Montlick and Associates, Attorneys at Law, has been representing those who suffer serious injuries in Atlanta and the Southeast for over thirty years, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state. No matter where you are located our attorneys are just a phone call away, and we will even come to you.
Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.