Motor Vehicle Accidents

MOTOR VEHICLE ACCIDENTS INFORMATION CENTER 
 
 Overview

Automobile accidents are the most common personal injury case in the court system today.  Statistics show that every 10 seconds, a car accident occurs, accounting for about 25% of worldwide injury-related deaths.   

Motor vehicle accidents occur mostly because of negligence, driver error, automobile parts that are defective and dangerous weather conditions.  An automobile accident can turn a normal day into weeks, months or years of financial struggles, medical disabilities, and aggravation.  Cases such as these fall under the negligence law.  A negligent driver, who causes damage to a person and/or to property, may be required to pay for these damages.  The injured party, or the plaintiff, must prove that the driver, or the defendant, was negligent and, therefore, caused the accident and the damages. 

Some states have ‘no-fault insurance”.  Your insurance company pays for your damages (up to your policy limits) regardless of who was at fault.  This is for your own protection.  It limits you from suing other drivers and guarantees medical treatment.  No-fault insurance falls under “personal injury protection” in your policy. 

An at-fault driver can also be a reckless driver – one who has no regard for others on the road.  An example of reckless behavior is road rage, which can result in injuries and criminal charges.  Do not confront road-rage drivers.  In order to stay safe, move out of his or her way, avoid eye contact, ignore obscene gestures, and pull off the road, call the police and report this driver.  

Police Report

The police report will reveal the actions of both drivers.  It will state if either failed to stop at a stop sign or red light, or was driving under the influence of alcohol or drugs.  It will state if speeding was involved, or if one of the drivers was talking on a cell phone or did not use turn signals.  If it is a state with bad weather, that will be taken into consideration. 

Drunk Driving

Every 30 minutes someone dies in the United States because of an alcohol-related auto accident.  Every two minutes someone is involved in an alcohol-related accident that is not fatal.  A drunken driving conviction can lead to two cases, a criminal case and a civil case.   

Driver not at fault

There are times when the driver is not at fault for the accident.  There could be a defect in the manufacturer’s design or one of the parts on the vehicle, such as the brakes.  If one of the parts fails to operate correctly, the Products Liability Law applies.  It protects the consumer when the product is at fault. If this is the case, you may be able to bring a lawsuit against the manufacturer, designer or distributor of the vehicle. 

If you recently had your vehicle repaired, the mechanic might have been negligent and he along with his employer would be liable for your injuries. 

Poorly maintained roads cause accidents.  Some have potholes, are under construction or have unclear signs.  The government in your state is responsible for the roads and may be responsible for your injuries.  An experienced attorney will explain lawsuits against government entities to you. 

Compensation

You may be able to collect damages or monetary compensation for your injuries because of a negligent driver.  Compensable injuries include broken bones, spinal cord injuries, head injuries, pain, permanent disfigurement, and suffering.  Damages can include money to pay for medical bills for now and the future, physical therapy if needed and anything else needed because of the injuries sustained.  You can ask for lost and future wages and for any property damage.   It is possible that the accident could have aggravated an existing injury or condition.  It is a good idea to document your injuries – keep a daily log detailing physical and emotional pain. 

Loss of Consortium Damages

The spouse of a motor vehicle accident victim suffers a loss.  Loss of consortium is the negative effect the accident has on a marriage.  The surviving spouse no longer has companionship, affection or comfort from his or her spouse. 

Automobile Insurance

The at-fault driver’s insurance company usually reimburses an auto accident victim.  However, some drivers either are not insured or do not have enough insurance.  Insurance companies offer drivers uninsured and/or underinsured insurance.  This will cover you in the case you are involved with a driver who does not have insurance or not enough insurance to cover your damages. 

Uninsured / Underinsured Insurance

Even though automobile insurance is mandatory in most states, there are drivers who do not have any.  Uninsured automobile insurance protects you in case you are involved in an accident where the at-fault driver does not have insurance.  If you are injured, you will be covered under your own insurance policy.  This insurance will also cover you in the event of a hit-and-run accident. 

If the at-fault driver does not carry enough insurance to cover your damages, your policy with underinsured insurance will cover your damages.  You can collect the amount that exceeds the at-fault driver’s coverage. 

No-Fault Insurance

Not every state has no-fault auto insurance.  No-fault insurance allows a driver to collect monetary losses from his or her insurance company regardless of who was at fault.  However, state laws allow the injured party to collect for only a specific amount of time.  The process takes a shorter time and it decreases the burden on the courts.  No-fault insurance policies have a cap on the compensation that is paid.  No-fault insurance varies from state to state.

Personal Injury Protection (PIP)

A no-fault insurance policy is called a personal injury protection package.  This package covers medical expenses for the driver and all passengers in the vehicle, wage loss and funeral expenses.  It does not pay for pain and suffering or damage to the vehicle.  There are limits to what will be paid. 

Insurance Coverage Stacking

Some states allow a policyholder to stack several insurance policies to reach a certain level of compensation. 

Financial Recovery

In order for you to collect damages under your uninsured/underinsured policy, you will have to prove the accident was the other driver’s fault and you sustained significant injuries.  You will have to collect from the other driver’s insurance company before your insurance company will pay. 

Several factors, including the victim’s injuries, the actions of both drivers and State laws, determine the financial recovery for the victim.  Other factors under consideration include medical treatment, each driver’s insurance coverage and if the injuries are permanent.  An experienced attorney can help assess the damages. 

An Accident - What to do

If you are involved in an auto accident, pull over to the side of the road and stop your car.  Stay at the scene.  If you leave the scene, it is a crime.  Call 911.  Check to see if anyone is hurt and if so, call an ambulance.  Take pictures of damages and injuries with a cell phone or camera.  It is wise to keep a camera in your car for this purpose.  Exchange information with the other driver, getting his or her name, address, telephone number, license plate, driver’s license and insurance company’s name and phone number.  If there are any witnesses, get their names and phone numbers.  Make a note of the surrounding circumstances, time, weather conditions, road conditions, etc. 

Cooperate with the police officers.  Do not admit fault.  Get the officer’s name and number in order to get a copy of the accident report for your insurance company. 

An Accident - What not to do

Do not sign a release from either insurance company without your attorney present.  Do not give either insurance company a written statement until your attorney advises you to.  Do not say anything you will be sorry for later on.  It could have an impact on your financial compensation.  Lastly, do not accept a check that says “final payment” on it from anyone without advice from your attorney. 

After an Accident

It is best to see a doctor even if you have minor pain.  Injuries sometimes do not show up until later.  Before anything, consult an experienced attorney for advice.  Review your insurance policy to see the extent of your coverage and then notify the insurance company about the car accident.  When you talk to your insurance company, tell the truth.  Take notes and include the person’s name, title, and phone number.  Make sure you keep all receipts of the expenses incurred due to the accident (i.e. medical bills, car rental).  Your attorney will go through a list of what you should do to prepare for a possible lawsuit. 

Conclusion

An experienced attorney can advise you on what to do after an accident.  Document any losses you sustain due to the accident.  What you do after an accident can make a huge difference in your monetary compensation.  Dealing with insurance companies is not an easy task. 

Links to additional information

To answer any safety issues you may have, visit the National Highway Traffic Safety Administration at www.nhtsa.dot.gov or the National Safety Council at www.nsc.org or Motor Vehicle Safety at www.nlm.nih.gov 

The U. S. Department of Transportation has helpful information on their website at www.dot.gov/new/index.htm