General Car Accident Information

A basic guide to Car Accidents and Car Accident Law, providing information on causes of auto accidents, legal aspects of car accidents, and an overview of both injury claims and wrongful death claims resulting from car accidents.

Causes of Car Accidents · Legal Aspects of Car Accidents · Injury Claims · Wrongful Death Claims · Negligent Entrustment

Causes of Car Accidents

Many car accidents are caused by negligence, which is the failure to exercise reasonable care when operating a motor vehicle. Common types of negligence that can contribute to a car accident include:

Driving under the influence of alcohol or drugs Disregarding road signs and/or traffic signals Failure to signal when turning Disregarding the speed limit Disregarding road conditions Reckless and/or aggressive driving Driving while distracted by cell phone, radio, or other passengers Driver Fatigue

Car accidents can also be attributed to other causes unrelated to the conduct of the drivers. These other causes include:
Manufacturing defects Defects in roadway design, traffic signs, traffic signals, road maintenance, road lighting, etc. Adverse weather conditions

Legal Aspects of Car Accidents

Car accidents can cause the loss of time, property, health, and life. Many car accidents result in serious injuries or death. Brain injury, back and neck injury, head injury, and fractures and broken bones are just a few examples of common car accident injurues. Serious car accident injuries can leave victims in debilitating pain and discomfort. Even when car accident injuries are treated immediately and properly, victims may still end up with a permanent disability or disfigurement.

Victims of car accident injuries can file a personal injury claim. The amount of damages to which the car accident victim may be entitled depends on a number of factors, including state law, the type of injuries suffered, proving the facts of the case, and the victim’s own actions regarding the accident. The type and length of medical treatment, insurance coverage of each party involved in the car crash, the effect of the accident on the victim’s income, and the permanence of the injuries are additional factors that play a role in determining appropriate damages for those who have been injured in a car wreck.

Family members of those who have been killed in a car accident may file a wrongful death claim. Many of the factors mentioned above are also relevant in determining whether a wrongful death claim is valid and the amount and types of damages that may be awarded.

Injury Claims

Car accident victims are entitled to recover damages and compensation for the injuries sustained in the accident. In a car accident injury claim, the injured party is known as the plaintiff and the alleged offender is called the defendant. In a valid injury claim, the following three points are proved:

The defendant was negligent This negligence was the cause of the car accident The car accident was the cause of the plaintiff’s injuries

Proving negligence is the essential first step. The law does not allow you to be compensated injuries that are your own fault. Therefore, you must prove that the car accident was someone else’s fault and occurred as a result of that person's negligence.

If fault can be established, injured car accident victims can recover compensation and damages for the following:

Medical expenses incurred in the treatment of injuries Future medical expenses Loss of wages Loss of future wages Loss of enjoyment of life Pain and suffering

Wrongful Death Claims

The term wrongful death refers to instances in which the negligence of one party (person, persons, company, or other entity) results in the death of another. If an individual is killed in a car accident, that person's parent, spouse, or child can file a wrongful death claim against the negligent party or parties. Each state has different laws regarding wrongful death claims, but most states limit the people who can bring a claim of wrongful death to those mentioned previously.

In wrongful death claims, the plaintiff must establish that the death was caused by negligent actions on the part of the defendant and happened because of the car accident. Relatives and dependants of wrongful death victims are entitled to receive the following types of damages:
Loss of companionship Loss of sexual relationships, care, advice, or support Loss of earnings and potential earnings Loss of inheritance Funeral Expenses Medical expenses

Negligent Entrustment

According to negligent entrustment laws, individuals may be held responsible for car accidents and related damages caused by any person using their vehicle with permission. This holds even if the permission is only implied. Many states allow the driver and the owner of a motor vehicle to be sued for a car accident. Under vicarious liability, the owner of a car may be liable even if he or she was not present at the time of the car accident, because it is his or her responsibility to ensure that the car is not operated in a negligent manner. The same principle can be applied when employees are involved in car accidents while driving company vehicles. The employer may be held liable provided that the accident took place during the course of regular employment and was not the result of an employee abusing his or her right to the vehicle.

All content on Accidents.com is for informational purposes only and is NOT intended as legal or medical advice. Please seek advice from a professional on any related topics.

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