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?
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- 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
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- What to do When a Defective Part Caused Your Car Accident
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Articles About Car Accident Law
- 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.
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- 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.
- How to Speed Up a Claim for Los Angeles Bicycle AccidentsIf you’ve been in a bicycle accident in Los Angeles, you know how painful the process, both physically and mentally, can be when trying to get compensation for your injuries. Essentially, you pay twice: first with the injury and second with the treatment you get from the insurance company.
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- Understanding the Texas Stowers Demand DoctrineA Stowers Demand is a tool often used by Plaintiff's lawyers in Texas to put pressure on insurance companies to either pay their policy limits to settle a claim or risk exposing their insureds and themselves to liability for a verdict in excess of the coverage amount.
- Can a Previous Accident Be Used Against Me in My Florida Car Accident Lawsuit?If you've been in a previous accident, insurers will try to use that against you in any subsequent Florida car accident lawsuit. Read on to learn how they do so and what you can do about it.
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- Florida’s “Move Over” Laws Aim to Prevent Further Accidents and InjuriesMoving to the other lane when you see a traffic accident, emergency vehicle, or flashing lights isn’t just a smart call in Florida -- it’s the law. Failure to obey Florida’s “move over” laws when emergency vehicles are parked on the side of the road can lead to further accidents, as emergency workers attempt to do their jobs and mitigate loss and injury in an existing accident.
- What Happens When a Bicyclist Gets Hit by a Car Turning Right?Bicycle accidents often can result in some extremely serious injuries. At times, they can even be fatal. There are a number of injuries that can stem from a right turn accident. Head injuries are one of the most common, and the resulting brain injuries can be devastating. If driver negligence is found during a lawsuit, then the compensation for a brain injury can rightfully be substantial, usually much more than you’d get from the initial payout offer from an insurance company.
- 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