Car Accidents
Car accidents are a leading cause of unnecessary deaths and therefore the number one source of personal injury claims in the United States. In 2005, 6,087,000 cars were involved in accidents, according to a recent crash data report by the National Highway Traffic Safety Administration (NHTSA). This comprised 56.1 percent of all motor vehicle crashes. In that same year, fatal automobile accidents took the lives of 18,440 people, and injury accidents harmed another 1,573,000.
Many of the accidents accounted for in these statistics occurred due to negligence on the part of one of the drivers involved. When a car accident is caused by another party's negligence, people who are harmed are often eligible for compensation for medical expenses, pain and suffering as well as other damages.
In this article you will find information on the legal issues associated with car accidents. To obtain further information, you should contact a car accident attorney who can help evaluate your specific situation and determine your legal rights.
Car Accidents and the Law
As a legal matter, a car accident occurs when a passenger car (convertible, sedan or station wagon) is involved in an event or series of events that causes harm, such as property damage, injury and/or death. In 2005, 82 percent of car crashes involved a collision with another motor vehicle and the other 18 percent involved collisions with stationary objects and other non-motorized objects, according to the NHTSA. Most of these accidents involved an element of negligence, corresponding with a traffic law violation.
Negligence
To be compensated by either an insurance company or a court award, negligence usually must be proven. Negligence is a legal term that means someone has failed to act in a reasonably careful and responsible manner. In the case of a car crash, negligence is found in facts derived from the police report, eyewitness testimony, expert witness testimony, photographs and sketches of the crash scene. Proving negligence means showing that:
- Someone's carelessness caused the car accident
- The car accident caused harm and
- The party at fault is responsible for paying compensation for the harm done
Direct evidence provided by eyewitness testimony is persuasive evidence of negligence in a car accident. For example, the statement of a bystander, who witnessed a driver talking on a cell phone, smoking or speeding through a red light just before crashing into a car, is convincing evidence of driver negligence. Indirect or circumstantial evidence may be just as compelling. For example, a police report stating that a driver involved in a car accident was discovered sitting amid empty beer cans with a blood alcohol count of 0.16, or a photograph of skid marks in front of a hospital indicating that a driver was traveling 50 m.p.h. in a 25 m.p.h. zone, is likely to persuade a jury of driver negligence.
To help prove negligence and win a civil suit, you should be ready to provide your attorney with the following:
- Names and contact information of any eyewitnesses to the accident who are willing to testify on your behalf
- Badge number of the police officer who responded to the accident
- Copy of the police report
- Photographs or sketches of the scene of the accident (if possible)
- Notes on what you remember about the accident
Comparative Negligence
Comparative negligence, another legal term, is often an issue. This means that more than one party involved in a car accident is at fault. In some states, liability is distributed among the negligent parties according to percentage of fault. The formula used by a jury to come up with percentages is determined by the state where the accident happened. Formulas vary from state to state.
In a civil suit involving comparative negligence, compensation awarded to a plaintiff may be reduced, but not completely denied. For example, a plaintiff who is found to be 30 percent to blame for a car accident may receive 70 percent of the damages.
Compensation
Receiving compensation usually means having your property repairs, medical expenses, lost income, physical and psychological pain and, if applicable, lost prospects paid for by a negligent party or parties. Insurance adjustors and juries usually use standard formulas to come up with a dollar value for compensation.
No-fault insurance laws affect compensation in some states. In general, these laws prevent injury claims and lawsuits from being filed in trivial accidents. While they usually guarantee immediate insurance payment for medical expenses and lost wages, many other expenses are not covered. If you have been the victim of a car accident in a no-fault insurance state and have not been fully compensated for your losses, a personal injury attorney can help determine if you are eligible for additional compensation.
Traffic Law Violations
Most car accidents can be traced to negligence in the form of one or more traffic violations. These instances of negligence, although many times unintentional, often result in loss of property or injuries that entitle the victim to compensation. Common violations include the following:
- Improper lane changing
- Leaving the roadway
- Speeding
- Failing to yield the right of way
- Disregarding traffic control devices
- Improper turning
- Tailgating
- Driving on the wrong side of the road
When a traffic citation is issued at the scene of a car accident, any claims are strengthened.
An astonishing number of factors contribute to traffic violations leading to accidents. Nevertheless, most fall into four general categories:
- Driver error
- Equipment failure
- Road conditions
- Road design
Driver Error
Driver error, influenced by one or more of the following, is the cause of most traffic violations leading to car accidents.
- Fatigue or drowsiness
- Distractions (using a cell phone, conversing with a passenger, eating)
- Inattention (looking away from the forward road, rubbernecking)
- Intoxication (drugs, alcohol, medications)
- Aggressive driving
- Lack of driving experience
A 100-car study by Virginia Tech University published by NHTSA in 2006 showed 80 percent of motor vehicle crashes involved distraction, fatigue or looking away from the road. Ninety-three percent of rear-end collisions occurred as a consequence of inattention. When any of these behaviors are proven to be the cause of a car accident resulting in property damage or injury, the victim may be entitled to compensation.
In most states, driving under the influence of alcohol or drugs is a criminal violation, which is prosecuted in a criminal court. However, a civil suit against the alleged intoxicated driver can be filed and compensation obtained, regardless of the verdict in the criminal case.
Equipment Failure
Some car accidents are caused by equipment malfunction. Common mechanical failures leading to a car accident involve the following:
- Brakes
- Tires
- Steering mechanisms
- Suspension
A malfunction might point to negligence on the part of the owner or operator of the car for not maintaining the vehicle; the mechanic or auto repair shop for not performing good maintenance; or the manufacturer for designing flawed equipment. Some of the best known cases of equipment failure involve manufacturer design flaws and often result in class action lawsuits involving large settlements.
Other examples of design flaws include the following:
- Seatbelt failure
- Improper deployment of an airbag
- Head restraint failure
- Door lock failure
- Roof failure
- Unsafe gas tank
If you suspect equipment failure or a manufacturing defect contributed to the accident, be sure to retain possession of your car so that it can be used as evidence in a trial, if necessary.
Car accidents involving equipment failure can become complicated quickly. If you have been involved in a serious car accident and suspect equipment failure might be to blame, a personal injury attorney can help you determine if you are eligible for compensation.
Road Conditions
Sometimes road conditions, including those listed below, contribute to car accidents, and many times these factors involve negligence by another party.
- Weather (rain, snow, wind)
- Road construction
- Debris on the roadway
- Potholes
- Parked or disabled cars
- Animals (livestock or wild animal crossings)
- Pedestrians (school zones, pedestrian crosswalks)
- Obscured, broken or hard-to-read road signs
Government negligence can be present when road conditions are a factor in an accident. For example, if a dangerous pothole has gone without repair for an extended length of time or a road sign warning of a hairpin curve is hidden by foliage, the government may be liable. There are specific rules and time limits for filing a car accident claim with a government entity. For more information, you will need to contact a car accident attorney.
When an accident is the result of collision with a rancher's livestock, the rancher may or may not have some liability, depending on the state where the accident happened and the unique nature of the situation.
Road Design
On occasion, the design of the road is a contributing factor in a car accident. In such cases, the government may be liable. Rules and regulations pertaining to suing a government entity can be complex. A car accident attorney can help you understand the specifics of your individual situation and determine your legal rights to compensation.
Flawed design can involve the following:
- Merging lanes
- Bends in the road
- Crests of hills
- Intersections
- Highway striping and reflectors
- Weather stakes
- Railings
- Posted speed limits
- Two-lane roads
- Road signs warning of intersections, hazards or mileage estimates
- Traffic control devices
- Meridians and barriers
When You Might Need a Personal Injury Attorney
Insurance companies frequently handle routine car accident claims, the majority of which involve property damage only. However, many situations require assistance that only a personal injury attorney can provide. In these situations, a personal injury lawyer can help determine your rights and facilitate any claims you may have to compensation greater than the initial settlement. They include the following:
- The insurance company won't pay the full cost of property damage, medical expenses, lost income, psychological pain and lost prospects. Many of these types of claims are made against insurance companies in no-fault states.
- The insurance company delays settling a claim. Each state has a statute of limitations for filing personal injury claims, so beware of allowing insurance claims to drag on too long.
- The insurance company denies a claim (Sometimes the insurance company of the other party involved in the accident will claim their insured was not at fault or that the insured's policy did not cover the accident.)
- The party at fault does not have insurance
You also should consider hiring a personal injury attorney when a government entity denies a claim, allowing a personal injury lawsuit to be filed. 
First Car Accident in History
The first reported car accident in the United States involved a collision with a non-fixed object. Occurring in New York City on May 30, 1896, the accident involved an electric car, driven by Henry Wells, and a bicycle, pedaled by Evylyn Thomas. Apparently, Henry Wells lost control of his car. Evylyn Thomas suffered a broken leg.