Car Accident Law
What is Car Accident Law?
Car accident law refers to the legal rules that determine who is responsible for the personal and property damage resulting from a traffic collision. This area of the law consists of the principles of negligence, as applied to this particular category of personal injury cases. Like other cases in which negligence law applies, car accident litigation is governed almost entirely by state law.
While nuances exist, car accident victims in every state must prove the same basic four elements in order to recover compensation. These elements are: duty, breach, causation, and harm. With respect to duty, drivers have a legal obligation to obey the rules of the road and to operate their vehicles in a reasonable manner. This means driving a safe speed, maintaining control, exercising awareness, observing traffic signals, using blinkers and headlights, etc.
The existence of a duty is typically accepted without much argument. By contrast, the plaintiff will usually be required to offer evidence that the defendant breached that duty. Breach can be shown by direct evidence, such as eyewitness testimony, traffic surveillance video, or an admission of fault. Or, the plaintiff may need to resort to circumstantial evidence, such as skid marks, paint smudges, or blood alcohol readings.
Just because the defendant had a duty to operate his or her vehicle in a certain manner, and it is shown that the defendant breached that duty, the court will not assume those circumstances caused the plaintiff’s injuries. Rather, the plaintiff must prove the element of causation. In car accident cases, this can be done through medical testimony demonstrating the injuries are consistent with the nature of the crash, and that they did not exist beforehand.
Finally, the plaintiff must prove harm. No matter how egregious the other driver’s conduct was behind the wheel, the plaintiff cannot bring a negligence lawsuit unless the conduct produced damage to the plaintiff’s person or vehicle. “Near miss” cases will not qualify. Once harm is shown, the plaintiff may be entitled to compensation for medical expenses, pain and grief, lost wages, and more.
Steps to Take Following an Accident
The first thing to do after a car accident is to remain silent about who is to blame for the incident. As simple as this may seem, admitting fault is by far the most common mistake potential litigants make in the moments following a crash. Ordinarily, the rules of evidence do not allow out-of-court statements (aka “hearsay”). But there is an exception for admissions. Even a simple apology can potentially be used against you.
Conversely, it is important to make notes of any statements made by the other driver. A smart phone, tablet, or other electronic device can be great for recording voice memos in the chaos of an accident scene. By whatever means are available, gather as much detail about the accident as possible. To begin with, take down the other driver’s name and address, license number, and insurance information.
Other evidence to preserve includes witness contact information, descriptions of the road, traffic, and weather conditions, and photographs of the vehicles. If your cell phone or camera has the ability to record video, use it. Make a video of the accident scene up close and from a distance, including the location of traffic signs, crosswalks, and so forth. Also be sure to write down the names of police officers so it will be easier to get copies of their reports.
Never overlook the importance of seeking immediate medical attention. The whiplash motion caused by car accidents can produce injuries the victim may not notice at first, but that become more pronounced as time passes. As a potential plaintiff in a negligence case, you do not want the other driver’s attorney to belittle the severity of your injuries, based on the fact that you did not feel it necessary to seek treatment right away.
Of everything that can be done after a car accident to preserve a victim’s right to compensation, contacting a personal injury lawyer will have the greatest impact. Without the assistance of counsel, you will be alone and vulnerable to the tactics of the opposing side’s insurance company. The adjuster may pressure you to accept an unfair settlement, or to waive other rights. Before signing anything, be sure to consult an attorney.
Know Your Rights!
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- Hit and Run Accidents and the Consequences
For those who caused the accident then fled the scene, usually in a panic, the consequences can be severe.
- How do You Know Who is at Fault in a Car Accident
Determining the responsible party for a car accident can sometimes be tricky. There is often a difference between who actually caused an accident and who legally is at fault.
- How to Know if a Car Accident Case is Worth Anything
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- In a Rear End Collision, Is the Guy in the Back Always at Fault?
Being in any accident can be a nightmare, but when you are the driver of a vehicle that collided with another from the rear, it can be particularly troubling. Conventional wisdom will usually tell you that the driver in the back is always at fault, and in most instances this will be true, but not all.
- Single-Vehicle Accidents
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- What to do After a Bike Accident
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- What to Do After a Hit-and-Run Accident
For many, it can be a nightmare scenario: driving safely and minding their own business when another vehicle hits them, causes damage and possibly injuries, then flees the scene. What do you do? Who will pay for the damage?
- What to do When a Defective Part Caused Your Car Accident
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Articles About Car Accident Law
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- Understanding Out of Pocket Costs for Big Truck AccidentsLarge truck accidents are some of the most devastating incidents on the roads, with thousands of people dying in these collisions across the nation every year.
- Expert Witness: How Does the Amount of Alcohol a Person Drinks Impair Judgment and Ability to Drive?When someone drinks before or during a drive, his or her blood alcohol level tends to rise. It is when it is above the legal limit of .08 percent that the person may be expecting a driving under the influence violation when pulled over.
- What Is My Automotive Accident Case Worth?Car crash cases often are confusing when determining damages that are owed to the victim. This is usually due to various misconceptions that the victim may seek as much as he or she wants based on other lawsuits where millions were allocated to the injured parties.
- Things to Avoid Saying after a Car AccidentInvolvement in car accidents often includes fear, anxiousness, nerves and fright. This may lead to words being spoken and actions taken that should be avoided. It is best to understand what to do and what to prevent from occurring after an incident on the road has transpired. With the knowledge of how to proceed, it is possible to avert later complications.
- Who Do I Sue if the Driver of the Other Car – Is the Car Itself?With advancements in technology, there has been a new type of driving procedure where the car is able to drive itself with extensive software that provides navigation, coordinates for geographical data and sensory information to avoid hitting other vehicles and obeying road laws. However, even with the most advanced technology, it is still possible that an accident may occur.
- Roundabouts Can Curb AccidentsAccording to the Federal Highway Administration, approximately 40% of car accidents and over 20% of traffic fatalities in the United States take place at busy intersections.
- How to Help Your Case for Settlement after a Car Accident in LouisianaIf you have been in a car accident, you may still be recovering from your injuries, and perhaps you have had to take time off of work to recover. Maybe your injuries were serious enough that you cannot go back to work for some time, or are permanently disabled.
- When Should an Accident Victim Contact a Lawyer?If you or your loved one has been in an accident, you’re understandably shaken up, hurt, confused and overwhelmed. You may be feeling vulnerable, too, wondering whether the accident warrants a call to a personal injury attorney or whether you should just let the insurance companies battle it out.
- Why Shouldn't an Accident Victim Settle for the First Offer?There’s a common misconception out there that insurance company payouts cover all losses of an accident victim. This is simply not true.
- All Motor Vehicles Law Related Articles
Car Accident Law Handbook
- Car Accident Law Handbook
Knowing what to do immediately after an accident can make a significant impact in a case and help individuals protect their legal rights. Use this car accident law handbook to understand your legal rights and strengthen your claim.
Car and Automobile Accidents in the US
- Automobile Accidents, Tort Law, Externalities, and Insurance: An Economist’s Critique
Nearly half a century ago, William Vickrey of Columbia University published this essay on car accident compensation. It remains useful today for those interested in an economist’s perspective on the subject.
- Car Accident Advice
Practical advice explaining what to do after a car accident. The page also discusses how economic losses from an accident are treated under the tax code.
- Car Accidents - Wikipedia
This online encyclopedia entry describes how car accidents occur, the damage they cause to life and property, and what is being done to prevent them.
- National Highway Traffic Safety Administration (FARS)
Official government site providing car accident fatality data. This spreadsheet tracks the total number of deaths and related statistics in the United States since 1994.
- What to Do After a Car Accident
Edmunds.com provides a detailed plan of action for dealing with a collision, and a discussion of the items to keep inside an accident preparedness kit.
Car and Automobile Accidents in Europe
Car and Automobile Accidents - International
Organizations For Car Accident Law
- AAA Foundation for Traffic Safety
- Advocates for Highway and Auto Safety
- Association of Transportation Safety Information Professionals (ATSIP)
- Bureau of Transportation Statistics (BTS)
- Federal Highway Administration
- Highway Safety Research Center
- Insurance Institute for Highway Safety
- National Crash Analysis Center (NCAC)
- National Highway Traffic Safety Administration
- U.S Deparment of Transportation