There are roughly six million car accidents every year in the United States. That’s a hell of a lot of accidents. Some are minor, others are fatal. They are traumatic experiences that can result in serious physical injury and potentially crippling financial burdens. When these occur, and they will occur, accidents can lead to personal injury lawsuits. These legal options allow for injured folks to seek compensation for their losses and hold the at-fault person or persons responsible. But how does it work? What makes a car accident qualify for lawsuits? And how does one navigate a legal system when they are suffering from a serious injury?
Understanding Negligence
Negligence is the bread and butter of a personal injury lawsuit. It is the act of not acting, not paying attention, and being generally irresponsible behind the wheel. When you’re driving a five ton steel speed demon, you need to be responsible behind the wheel. In order to establish negligence, the injured party, or plaintiff, has to prove that the (allegedly) at-fault party failed to “exercise reasonable care” while driving. In order to prove that, you need to demonstrate four key elements with the help of a
Cambridge car accident lawyer:
Duty of Care: This is the first element when pursuing a lawsuit. “Duty of Care” is a legal obligation that requires people to act with reasonable care in order to avoid harming others. This is a foundational duty of driving. All drivers are expected to operate their vehicles responsibly and follow traffic laws.
Breach of Duty: Next, the plaintiff needs to prove that the defendant failed to drive responsibly. This includes speeding, running a red light, driving under the influence of drugs or alcohol, distracted driving, and other forms of reckless behavior that lead to the accident.
Causation: There needs to be a direct link between the defendant’s breach of duty and the accident. If a driver ran a red light and T-bones another car, that would be causation.
Damages: Lastly, the plaintiff has to show that they suffered damages due to the accident. They can demonstrate any physical injuries, emotional trauma, and financial losses as evidence that they deserve compensation.
Types of Damages
In a lawsuit stemming from a car accident, a plaintiff, with the help of a
White Plains personal injury lawyer, is free to seek a variety of types of damages. These include:
Medical Expenses: Recovering from a car accident isn’t cheap. Medical bills can be extremely high and if you are forced to be in that position through no fault of your own, you can seek compensation for those bills. These include hospital bills, doctor’s visits, surgeries, medication, physical therapy, even talk therapy.
Lost Wages: Sometimes injuries are serious enough to prevent someone from working, losing their ability to maintain an income. That creates an instability where no one wins. If the injury is really serious, it can affect a person’s ability to earn any future income.
Pain and Suffering: Though more difficult to measure, trauma from emotional distress caused by the accident is a type of damage that plaintiffs can pursue. These claims require the testimony of qualified mental health professionals and/or psychological evaluations.
Property Damage: This is the most obvious. Car repairs are not cheap and if you’re not at fault then you can seek compensation in order to pay for mechanical services.
Comparative Fault
Comparative Fault, also known as comparative negligence, is common across the United States. This means that if both parties are found to be at least partially at fault for the accident, the damages awarded to the plaintiff can be reduced based on the percentage of fault. This means that if a plaintiff is found to be 25% at fault, then their damages are reduced by 25%.
Some states follow a “pure comparative fault” system, where plaintiffs can recover damages even if they are found to be 99% at fault. Other states follow a “modified comparative fault” system, where plaintiffs can only recover damages if they are found to be less than 51% or 50% at fault.
Statute of Limitations
Statute of limitations is a window of opportunity for plaintiffs to file a lawsuit. These windows vary from state-to-state and can range from one to several years. If plaintiffs fail to file a lawsuit within that time frame, they lose their right to sue. Statutes of limitations exist to prevent rampant lawsuits from years past. Evidence tends to get lost over time and memories fade quickly. The sooner you file a lawsuit after an injury, the better for everyone involved.
Role of Insurance
Insurance is the looming shadow in personal injury claims. Usually, disputes between parties involved in an accident have their claims handled through the insurance companies in the pursuit of a settlement instead of a lawsuit. At-fault driver’s insurance may offer to cover medical expenses, property damage, and any other costs that may arise. While the insurance company’s responsibility is to pay out when accidents occur, they do not make a profit when they pay claims. They are a business first, and they will seek to pay out as little as possible. Attorneys are usually pretty good at arguing on your behalf in these situations. If a settlement is unable to be negotiated, then it moves to a lawsuit and possibly a trial.
Yes, Accidents Can Turn Into Lawsuits
Car accidents, if they are serious enough, can absolutely escalate to a personal injury lawsuit. People have a duty to act responsibly and safely on the road and if they fail in that duty, they could be subject to a lawsuit. By making sure you have a qualified attorney to argue on your behalf against insurance companies and at-fault defendants you have a chance to recover lost wages, have your medical bills covered, and take the necessary time to recover fully and get back on the road.
