A Car Accident Injury can involve a physical, mental or emotional injury that occurs due to the negligence or carelessness of a driver during a traffic accident. Legally speaking, a car accident injury is a type of tort (or civil wrong) where harm is caused to one individual because another individual failed to use reasonable care behind the wheel of a car or vehicle, which led to a traffic accident.

A traffic collision—also known as a traffic accident, motor vehicle collision, motor vehicle accident, car accident, automobile accident, or car crash—takes place when one vehicle strikes another vehicle, a pedestrian, an animal, road debris, or other stationary obstructions, such a tree or utility pole. A number of factors contribute to the risk of collision including vehicle design, speed, road design, road environment, driver skill or impairment, and driver behavior. In addition to auto accident injury, traffic collisions may also result in property damage and death of those involved in the crash.

The most common types of car accident injury cases are:

  • Road traffic accidents
  • Bus accidents
  • Motorcycle accidents
  • Truck accidents.

If a driver’s behavior behind the wheel is proven negligent in a court of law, the injured party may be entitled to monetary compensation for his or her pain, suffering and loss.

Car accident injuries and the Law

Legal claims arising from traffic accidents are typically determined by negligence. By law, anyone who operates a car or motorized vehicle is expected to exercise reasonable care. A failure to use reasonable care is considered negligence. A person who acts carelessly or recklessly while operating a vehicle may be required to pay for any damages—either to a person or property—caused by his or her negligence. The injured party, known as the plaintiff, is required to prove that: (1) the defendant was negligent, (2) that the negligence was caused by the accident, and (3) that the accident caused the plaintiff’s injuries.

Figuring out who is at fault in a car accident is a matter of deciding who caused the crash. In many cases, your instincts will tell you that a driver, cyclist or pedestrian acted carelessly, but not what rule or rules that person violated. Lawyers look to a number of sources to help a person injured in a car accident determine who was at fault by reading police reports and state traffic laws as well as by speaking with witnesses.

Courts look at a number of factors in determining whether a driver was negligent. Some of these factors include, but are not limited to:

  • Disobeying traffic signs or signals
  • Exceeding the posted limit or driving too fast for conditions
  • Improper or excessive lane changing
  • Failing to signal intent before passing or failing to see that movement can be made safely
  • Using an emergency lane to pass or passing on the shoulder
  • Failing to signal while turning
  • Disregarding weather or traffic conditions
  • Driving under the influence of drugs or alcohol.

Sometimes, accidents are caused by factors unrelated to the conduct of any particular driver. A traffic accident may occur due to a defect in someone’s car or vehicle. In this kind of case, the automobile manufacturer or supplier may be responsible for injuries caused by a defect in the automobile under the law of product liability. A product liability suit is a lawsuit brought against the seller of a product for selling a defective product that caused physical injury to a consumer or user. If a manufacturer of a product creates a defective product—either in designing, manufacturing, or labeling the product—the manufacturer is liable for any injuries the product causes regardless of whether the manufacturer was negligent.

Other factors, such as poorly maintained roads and malfunctioning traffic control signals can also cause an accident. Improper design, maintenance, construction, signage, lighting or other highway defects, including poorly placed trees and utility poles, can lead to serious accidents. In these cases, government entities may be potential defendants. Special rules apply to claims and lawsuits brought against governmental bodies. Consequently, proper legal advice is critical to preserving and winning such claims.

We Can Help

If you have suffered a car accident injury caused by the negligence of another driver, The Personal Injury Help Center can help you find the help and resources you need. Our personal injury lawyers, experts and professionals strive for justice and fairness in the form of compensation for victims of accidents brought on by the reckless, careless, negligent, or intentional wrongdoing of another.

We are dedicated to seeking justice and fair financial compensation for those who are facing a future that has been forever altered by the negligent act of another. When you are looking to file an injury claim, you need to know that you have the best working on your side. Our attorneys have been successful in recovering compensation in verdicts and settlements on behalf of our clients.

When filing an auto accident injury claim, you only have one opportunity to secure a settlement; once you accept an offer, you cannot turn around to get more money if you realize that it will not cover the extent of the damages. To help you better understand what the settlement should cover complete the Free Case Evaluation form and a local personal injury attorney will contact you.

Make sure your car accident injury claim covers all of your medical expenses. This includes hospital bills, rehabilitation, future medical costs, costs of medication, future doctor visits, caretaker costs, and reconstructive surgery.

Make sure the settlement covers monetary damages. This includes property damage or car damage, lost earnings and wages, and future loss of earnings.

Make sure you are compensated for other miscellaneous damages. These include pain and suffering, loss of enjoyment of life, and out of pocket expenses.