A car accident is an event where a vehicle collides with another vehicle, a pedestrian, or a standing object. Car accidents typically cause damage to the vehicle and often lead to injuries for those involved.
About every 15 minutes, someone in the U.S. suffers a car accident. Vehicle accidents range from fender benders to fatal collisions. In many cases, a catastrophic accident changes the victim’s life forever.
The standard course of action after a car accident is an insurance claim against the responsible party. Such claims can be extremely complex, and insurance companies often employ aggressive tactics to underpay victims. Anyone who sustains a serious injury in an automobile accident should consult an experienced local car accident lawyer.
What’s the Definition of a Car Accident?
The term “car accident” includes any incident in which a vehicle hits something. It can be a collision between two vehicles, a car and a pedestrian or bicyclist, or a car and an object like a tree or fence. It can be minor, leading to no visible damage, or severe, creating extensive damage and serious injuries.
Motorcycle accidents have much in common with car accidents; claims or lawsuits following a motorbike crash work the same way. Truck, rideshare, taxi, bus, and mail truck collisions are also variations of car accidents.
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Who’s Responsible for a Car Accident?
As a rule, the road user whose actions led to the collision carries liability for the accident. Sometimes, responsibility can split between two or more drivers, and it’s not always immediately clear who was at fault. Complex accidents may call for help from an accident reconstructionist to establish the chain of events.
Liability works slightly differently in accidents that only involve one car. If the collision happened because of a dangerous condition on private property, the property owner may be responsible. Otherwise, the injured driver may rely on their insurance alone for compensation.
When Two or More Motorists Share Fault
In many collisions between two vehicles, both drivers violate road safety regulations in some way. For example, perhaps one motorist was driving above the posted speed limit while the other failed to give the right of way.
Each state has different laws concerning accidents where more than one driver is at fault. The three approaches are:
- Contributory negligence. In contributory negligence states like Alabama and North Carolina, plaintiffs can’t claim damages if they share even a small degree of fault for the accident.
- Pure comparative negligence. In pure comparative negligence states like California and New York, a plaintiff can claim compensation even if they’re 99% responsible for the accident.
- Modified comparative negligence. Under the modified comparative negligence system, the plaintiff can claim damages as long as their share of fault falls below a certain threshold (usually 50% or 51%).
In comparative negligence states, the plaintiff’s settlement will be lower proportionally to their degree of fault. If the plaintiff was 30% responsible for the accident, they could only claim 70% of their damages.
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At-Fault vs. No-Fault States
In most states, injury accident claims work on a fault basis, meaning that the injured party files a claim against the allegedly at-fault party or their insurer and must prove fault to claim compensation.
Other states, like New Jersey, use a no-fault system, under which the accident victim’s insurance covers their medical costs and other losses, no matter who’s at fault. Some states implement a hybrid or “choice fault” system.
However, a no-fault system doesn’t mean negligent motorists are off the hook. Car accident victims can still sue the at-fault party if their losses surpass their insurance limit. In some states, like Florida, claims after serious injuries like fractures and disfigurement operate outside the no-fault rule.
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What Should Victims Do After a Car Accident?
Most states require calling the police after accidents that lead to injuries, fatalities, or property damage above a certain threshold. It’s always advisable to report an accident to the police because the police report serves as important evidence in car accident claims. If you’re unsure what to do after a car accident, waiting for the police at the scene is a crucial step. Unless the victim needs emergency care, it’s better to wait for the police and:
- Take detailed photos and videos of the scene from multiple angles
- Exchange contact and insurance details with the other motorist
- Note the names and phone numbers of any people who may have seen the accident
After leaving the scene, anyone involved in a car accident should:
- Go for a full medical check-up and save any medical records and bills for the claim process
- Let their insurance company know they’ve been involved in an accident
- Call a car accident lawyer and find out how to seek compensation
Available Compensation for Victims
While every car accident claim is different, victims can usually seek compensation for:
- Medical expenses, including costs they’ve already covered out of pocket and future medical care
- Lost wages if they missed work days because of the accident
- Reduced earning capacity based on a calculation of the wages they could have earned if it weren’t for the accident
- Vehicle repair or replacement costs
- Non-economic damages, such as physical pain, emotional trauma, scarring and disfigurement, reduced quality of life, and loss of consortium or companionship
Is It Always Necessary To Call a Car Accident Attorney?
While accident victims can sometimes settle minor claims on their own, especially in no-fault states, it’s highly advisable to consult a car accident lawyer after a serious accident.
Insurance companies are notorious for disputing legitimate claims or challenging the extent of victims’ losses. Accident victims’ chances of claiming fair compensation are far better with legal representation. They can pass the compensation process over to a qualified professional while focusing on their physical and mental recovery from the accident.
About the Company
Accident Hotline is a platform that connects accident victims and their families to a nationwide network of trusted attorneys. Accident Hotline makes it easy to find a reputable, experienced local lawyer after a car accident. The company offers quick assistance and no-cost case evaluations.
Call 888-340-7454 or fill out the brief online form on the site for a free consultation.
For a free consultation, call 888-340-7454