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.
Copyright HG.org
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.
Copyright HG.org
Know Your Rights!
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- Hit and Run Accidents and the ConsequencesFor 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 AccidentDetermining 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 AnythingVirtually any civil lawsuit has one thing in common: damages. That is the injury, financial harm, or damage to property for which one is entitled to recover money from the other party.
- 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 AccidentsA single vehicle collision or single-vehicle accident is, as the name implies, a car collision in which only one vehicle is involved. This can include accidents like running off the road, colliding with fallen rocks, running over debris on the road, losing control of the vehicle and rolling it, hitting animals, and so forth.
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- What to Do After a Hit-and-Run AccidentFor 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 AccidentWe expect our cars to keep us and our families safe, but with a system of hundreds of moving parts, it is not uncommon for something to fail, often with dangerous results. Indeed, each year, millions of cars are recalled because of manufacturing defects or defective parts that can cause fatal car crashes.
Car Accident Law Articles
- Pursuing Legal Action After a Drunk Driving AccidentDespite what we all know about the dangers of drunk driving, too many people continue to get behind the wheel after they had too much to drink. As a result, thousands of innocent people are seriously injured in drunk driving accidents every year.
- Answers to Common Questions about Maryland Car AccidentsIf you have ever been in a car accident, you know that they can be stressful and overwhelming, particularly if there are injuries involved.
- Motorcycle Accidents - Establishing (No-Fault) Insurance PrioritiesWhile a parallel between the classic rock ballad by Guns N' Roses, "Sweet Child O' Mine," and a motorcycle accident might not be immediately apparent, one does exist if you look for it. Just as leader singer Axl Rose belts out the rhetorical question, "Where do we go now?" many injured motorcyclists in Michigan have similar sentiments following a crash.
- How to Gather Car Accident Evidence from Traffic and Security CamerasPeople never expect to be involved in a car accident. They are not thinking they will at some point have to recall, in minute detail, the events that lead up to a crash. After they are involved in a crash, they attempt to reconstruct, in their mind, exactly what they think occurred.
- Louisiana Truck Accidents - Common QuestionsSemi-trucks are a critical part of industry as we know it within the United States. However, these large trucks pose a threat to smaller vehicles while on the road. In 2016, 4,317 fatalities occurred in crashes involving large trucks, a 5.4% increase over 2015. Out of those fatalities, 72.4% were occupants of other vehicles.
- Know When It’s Time to Call a Car Accident AttorneyYou’ve been in a car accident. It wasn’t your fault. You’re thinking about maybe filing a personal injury lawsuit, but you don’t know how to start. This isn’t something you ever expected to have to deal with. Now you’re wishing there was somebody to tell you the next step.
- Property Damage in a Car AccidentIn a car accident, any personal injury to the driver or passengers is generally the first item occupying the driver’s mind.
- Mistakes to Avoid After a Car AccidentCar accidents can be stressful and overwhelming, particularly if there are injuries and property damage involved. It is important to know what steps to take immediately following an accident.
- Proving Fault in an Intersection AccidentCar accidents often cause obvious property damage and visible injuries to those involved, particularly if the vehicles were traveling at a high speed. What is not always obvious, however, is who becomes responsible for causing the accident.
- I Was in an Auto Accident: Who Will Pay for My Medical Bills?Differences exist between the laws related to car accidents and insurance in Massachusetts and Rhode Island.
- All Motor Vehicles Law Related Articles
Car Accident Law Handbooks
- Car Accident Law HandbookKnowing 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 Accident Laws in IllinoisIllinois is an at-fault state, meaning that the insurance company that insures the person who caused the accident is responsible for paying for the damages its insured caused, up to certain policy limits.
Car Accident Law US
- Automobile Accidents, Tort Law, Externalities, and Insurance: An Economist's CritiqueNearly 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 Accidents - WikipediaThis 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.
Car Accident Law Organizations
- 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 Highway Traffic Safety Administration
- U.S Deparment of Transportation
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