Vehicle accidents can happen for many different reasons, including driver negligence, reckless behavior, distracted driving or mechanical malfunction. Determining responsibility requires carefully considering all circumstances surrounding an incident and all parties involved as part of an examination of all actions leading up to the accident.
Attributing liability in motor vehicle accidents requires an assessment of drivers’ duty of care to others on the road. Drivers should obey traffic laws and refrain from engaging in behaviors which put others at risk; any drivers who breach this responsibility by causing an accident could face legal liability for damages sustained as a result of their actions.
Seeking compensation after suffering injuries in a motor accident requires engaging in a legal process that establishes fault, including gathering evidence such as police reports, eyewitness testimonies, accident reconstruction analyses and medical records to support your claim.
Car accidents present unique issues of comparative negligence that must be considered since multiple parties could share in any liability for an incident, and this might affect how much compensation each one can seek or be awarded, as well as who’s legally at fault.
As part of this review, we will delve deeper into various aspects of liability, evidence collection, insurance considerations and legal proceedings associated with seeking compensation after motor vehicle accidents. But remember, hiring a car injury attorney increases your chance of receiving adequate compensation in such instances.
Motor Vehicle Accident Causes and Types
Motor vehicle accidents have many different causes, from distracted driving (which includes everything from talking on a phone call, texting or eating while driving) to driver fatigue or mechanical malfunction.
Drunk Driving
One of the leading causes of accidents, yet entirely preventable.
Speeding
Speeding can also play a role in many accidents and make controlling and avoiding potential collisions more challenging.
Reckless Driving
Includes behaviors such as tailgating, weaving in and out of traffic and running red lights.
Mechanical Failures
Though less common among other causes of accidents, mechanical malfunctions still present risks that lead to collisions; accidents can further be classified depending on their nature.
Rear-End Collisions
These accidents are among the most prevalent forms, usually triggered by distracted driving or following too closely.
Side-Impact Crashes
Side impacts can often prove deadly; often caused when drivers fail to yield to other road users by yielding to the right-of-way rules and giving way.
Rollover Accidents
Rollover accidents can be especially hazardous and frequently result in fatalities.
Liability in Motor Vehicle Accidents
Liability for motor vehicle accidents relates to who was at fault and factors that determine fault; in most instances, those found responsible will bear liability for injuries sustained in an accident by other parties involved.
As part of an investigation of any motor vehicle collision, various factors must be taken into consideration, including:
The Actions of Those Involved
This could include, speeding, running red lights or failing to yield to right-of-way rules.
Road Conditions
Poor road conditions, such as being icy or wet, may contribute to accidents.
Weather Conditions
Poor weather can also contribute to accidents – foggy conditions or rain showers.
Insurance Coverage and Claims
Most drivers carry some form of auto insurance policy – either liability, collision, or personal injury protection (PIP) coverage to help pay for medical costs, property damages and lost wages that arise as the result of accidents.
This coverage helps drivers protect themselves in case an incident happens that leads to serious bodily injuries as well as legal expenses for damages to vehicles involved as well.
If you are involved in a vehicle accident, contact your insurer as soon as possible to file a claim and get compensation from them. They will investigate to ascertain who caused it and may reimburse other drivers up to the limits of your policy if found responsible.
Damages and Compensation
Damages claimed for in a personal injury suit depend upon its circumstances; however, common forms of compensation include:
Medical Expenses
Medical expenses related to an accident include all related doctor and hospital bills, surgeries performed as necessary and prescription drug costs.
Lost Wages and Income
These costs include wages lost due to your accident as well as income lost from being unable to work, along with property damages caused by said accident.
Property Damage
These costs cover any repairs or replacement for items damaged during an incident.
Pain and Suffering
These include both physical and psychological pain experienced as the result of an accident.
Emotional Distress
Emotional distress can include anxiety, depression or fear caused by your experiences.
Loss of Enjoyment of Life
This refers to losing the ability to engage in things you find satisfying – such as hobbies and sports activities, as well as spending quality time with family and friends.
Compensation will depend upon the severity and scope of your injuries as well as state laws where your lawsuit was filed.
Expert Witnesses
It can sometimes be necessary to hire an expert witness as part of a personal injury lawsuit. A witness could provide invaluable information, including its cause, severity of injuries sustained and appropriate damages awarded in relation to each accident case.
There is an array of expert witnesses available for use in personal injury litigation cases:
Reconstructionists
Accident reconstructionists are specialists who use their knowledge of physics and engineering to reconstruct what led up to an accident, thus helping identify who may have caused it. This may provide valuable evidence in proving who was at fault.
Medical Experts
Medical experts can offer important insight into the cause, extent and long-term consequences of injuries sustained in an accident.
Economic Experts
Economic experts have the tools available to them for calculating medical expenses, wages lost during an incident, and any damages sustained as a result.
Mediation and Settlement Negotiations
Personal injury cases can often be settled via mediation or settlement negotiations. Mediation entails meeting with an impartial third-party known as a mediator to try to reach an amicable resolution to their disputes, while settlement negotiations allow parties to independently reach agreements among themselves without a mediator’s help.
Mediation or settlement offer many advantages when settling personal injury cases:
- Mediation can often be faster and cheaper than going to trial.
- Parties have greater control over how their case plays out.
- Mediation or negotiations may help maintain relationships if that is important to either of the parties involved.
Impact of Pre-Existing Conditions
If you suffer from pre-existing medical conditions that exacerbated your injuries in a car crash, their severity could compound further with additional injuries caused by this accident and could entitle them to compensation as a result of these additional incidents.
As it can be difficult to demonstrate that an accident exacerbated a pre-existing condition, both parties in an incident will likely claim that this was indeed what caused your injuries.
To show this was indeed due to an exacerbated pre-existing condition caused by an incident, you must provide evidence showing your injuries were worse after having been involved with them than they would have been had they not been in an incident, such as medical records, expert witness testimony or photos as proof.
Statutory Limitations and Exceptions
Most states impose a statute of limitations in personal injury cases. This means you only have a specific timeframe after becoming injured to file your suit in order to claim any damages; failure to do so within this timeline could prevent recovery of damages altogether.
There are exceptions to the statute of limitations; for instance, if you are under 18, your limitations period won’t start running until reaching age 18. Furthermore, if another party acts fraudulently or maliciously against you, its expiration may be extended accordingly.
Final Thoughts
Understanding liability and seeking compensation following motor vehicle accidents are integral to recovery from such events. If you have been hurt in such an incident, it is crucial that you speak to an injury attorney immediately in order to discuss your legal rights; an experienced legal advisor can explain the law and file lawsuits on your behalf if necessary.
