Complex Challenges for Injured Passengers in Carpool Accidents


March 19, 2018

Atlanta Auto Collision Lawyers Discuss the Complex Challenges for Injured Passengers in Carpool Accidents 

There are many people that rely on carpools when commuting to work or transporting kids to school to avoid traffic, increase productivity during their trip, promote fuel efficiency, or a variety of other reasons.  While carpools offer many benefits, they also can result in car accidents that cause serious injury or even wrongful death.  When you are involved in a carpool accident, the process of seeking legal compensation can depend on a variety of factors.  Our Atlanta auto collisions lawyers discuss the special issues involved in personal injury claims involving injuries incurred by passengers in carpools.

Determining Insurance Coverage of Drivers

The first issue to consider is whether the carpool accident involves a commercial van service or private driver.  When the driver works for a commercial van service, the company will have insurance to cover accidents caused by the negligence of its drivers or other negligence like substandard carpool van maintenance.  If you are in a carpool involving private drivers, such as one where parents rotate responsibility for transporting their kids to school, it is important to confirm who will be driving and that all drivers have insurance.  Sometimes a parent in a carpool will have someone else drive, such as a nanny.  Even if this person does not have insurance, the insurance of the vehicle owner may cover the negligent driver’s accident.  As a last resort, your uninsured motorist/underinsured motorist coverage also may provide a source for monetary recovery.

Assessing Potential Defendants in Carpool Accident Claims

After identifying the proper insurance, it is necessary to determine who is at-fault in causing the carpool accident.  While the carpool driver might be legally responsible, sometimes it is the driver of the other vehicle.  There are many instances where both parties contribute to the collision, and they both can be named as defendants in a personal injury lawsuit.  There are many types of negligent driving that may contribute to a carpool accident, but some examples include:

  • Violating traffic laws by speeding or disregarding traffic signs and signals
  • Driving while distracted by a mobile phone
  • Operating a vehicle while under the influence of an intoxicating substance

These are only a few examples of negligence by a driver that might constitute the cause of a carpool accident in Atlanta.  There are plenty of other types of negligence that may contribute to this type of collision, such as failure to perform adequate maintenance on the vehicle or even an unsafe road design. 

Situations also might occur where a carpool or vanpool passenger is liable, such as when the passenger spills hot coffee on a driver causing the driver to be distracted.  When these types of factors contribute to a carpool accident, the complexity of pursuing legal compensation may be compounded because of the need to pursue legal claims against multiple parties.

Put Our Law Firm's Over 34 Years Of Legal Experience To Work For Your Case!

If you have been injured in any type of accident caused by someone else's negligence, contact Montlick & Associates today for your free consultation with an experienced Accident Injury Attorney in Georgia. Montlick & Associates has been representing those who suffer serious injuries throughout all of Georgia and in the Southeast for over thirty-four years.

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.

Montlick & Associates, Attorneys at Law
17 Executive Park Dr NE
Atlanta, GA 30329
Telephone: 1 (800) LAW-NEED
Telephone: 1 (404) 529-6333    

Category: Auto Accidents

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.