Just a moment,
we are processing your request ...

Auto Accident Injury

Auto Accident

Auto Accidents

A car accident can happen from out of nowhere, dramatically altering the lives of those involved. From minor fender-benders to high-speed collisions, the effects of auto accidents are far-reaching and long-lasting. Fortunately, there is often legal recourse if someone else was responsible for your accident. You may be entitled to multiple forms of compensation, which can assist with your medical bills and the time spent out of work. If you need help, contact an experienced car accident lawyer immediately.

Most Common Causes of Auto Accidents

Unfortunately, car accidents occur far too often. Here are some of the most common causes of car accidents:

Speeding: Speeding is among the most frequent causes of car accidents. Driving over the posted speed limit or travelling too fast for conditions can make it difficult for a driver to react quickly enough if something unexpected happens ahead on the road. In particular, a sudden curve or a short stop by another vehicle can lead to a collision, injuring people inside both vehicles as well as pedestrians outside of the cars.

Distracted driving: Distracted driving is a serious threat to road safety. Even a momentary lapse in attention can cause a devastating accident. Texting, talking on the phone, eating, or drinking behind the wheel is a recipe for disaster.

DUI: Driving under the influence also plays a major role in many accidents. Drinking and drugs impair judgement and reaction time, increasing your chances of crashing significantly.

Poor road maintenance: Poor road maintenance is another common cause of auto accidents. Potholes, crumbling infrastructure, and outdated safety features can increase the chances of a serious accident.

What Are the Most Common Injuries Suffered in Auto Accidents?

Car accidents can lead to a wide range of injuries. Some of the most common ones include:

  • Whiplash
  • Spinal and back injuries
  • Traumatic brain injuries
  • Broken and fractured bones
  • Internal injuries

Who Can Be Held Liable After an Auto Accident?

If you’re in a car accident, there are several possible parties who could be liable. The most common include:

The other driver: The other driver involved is usually the first party to look at for fault and liability. Did they violate any traffic laws or operate their vehicle in a manner that caused the crash? If so, then they will likely bear most of the responsibility for the accident. 

Employers: Your employer may also be liable if you were on the clock or you were driving a company vehicle when the accident happened. The same is true of someone else’s employer if they were working when it happened.

Manufacturer: The manufacturer of either your car or another vehicle (or the manufacturer of defective car parts) might also have liability based on manufacturing defects that led to an accident.

Municipalities: Municipalities could also hold partial blame for any injuries stemming from poor road conditions which have been caused by township mismanagement or neglect.

If You’re Partially At Fault

Comparative fault, or comparative negligence, is a legal principle used in personal injury cases to determine the degree of fault each party holds in an accident.

There are two primary types of comparative negligence: pure comparative negligence and modified comparative negligence.

Pure Comparative Negligence

In a pure comparative negligence system, each party’s fault is determined as a percentage, and their compensation is adjusted based on that percentage. For example, you’re awarded $10,000 and determined to be 30% at fault. Your damages will be reduced by 30%, so you’d receive $7,000 after the reduction.

Modified Comparative Negligence

On the other hand, in a modified comparative negligence system, there is a threshold (usually 50% or 51%) that prevents a party from recovering damages if they are above it. So, if you’re found to be 50% or more at fault in this system, you won’t receive any compensation.

If you’re less than 50% at fault – or whatever the threshold is – your damages will be reduced accordingly.

Contributory Fault

Then, there’s contributory fault. This is the harshest system of all, but not many states follow this. Under this rule, if you hold even 1% of the blame, you could be completely barred from recovering any damages.

Fault vs. No-Fault States

If you’re in an accident in a fault state, you have the right to take legal action against the person who caused the damage or injuries.

In contrast, no-fault states require both drivers involved in an auto collision to file insurance claims with their own providers regardless of who caused the crash. Even if one party was more negligent than another, all parties must still file a claim with their own insurance company instead of bringing a legal case against each other.

A claim can be filed with the at-fault party and their insurance company in certain instances, such as when a serious injury occurs or damages considerably exceed a person’s insurance policy – depending on the state.

Recoverable Compensation After Car Accidents

If you’ve been in an accident and have suffered losses, you may be able to obtain the following types of damages:

Economic Damages

Economic damages are designed to compensate you for costs you incur because of your injuries. These include medical bills, lost wages from being unable to work, and any further loss of potential earning capacity caused by the accident. It also includes repairs or replacement expenses if property (such as a vehicle) was damaged in the collision.

Non-Economic Damages

Non-economic damages refer to compensation for intangible losses suffered due to the crash, such as pain and suffering, loss of consortium, or emotional distress experienced during recovery an accident.

Punitive Damages

Punitive damages are awarded when egregious behavior has been proven on behalf of one party involved in an accident; these awards are made infrequently and serve as punishment rather than making the victim whole again.

Contact a Personal Injury Lawyer For Help

If you’ve been in a car accident, speaking with a lawyer is one of the firsts steps you should take. They will discuss the details of your case and explain what type of settlement can be expected from pursuing legal action. They will also make sure you understand the process and file any necessary paperwork on your behalf. Don’t wait. Contact a lawyer as soon as possible so you can get the justice and compensation you deserve.

Car accident claim questions & answers