If you’ve been in an automobile accident, chances are that not just your car was damaged. If you’ve been injured in an auto accident, you may have an auto accident case and may be entitled to compensation.
A car accident lawsuit can be filed against the individual at fault for the accident and you may be able to receive a settlement. First, you need to determine if you have Car Accident Personal Injury lawsuit, in the case of an auto accident.
As many factors go into an auto accident case, you need to understand all scenarios and situations where you may be able to receive compensation for your damages.
In car accident lawsuits, you and your chosen personal injury attorney must prove the other driver caused the accident due to negligence on his or her part. In other words, you must prove the other driver failed to take “reasonable care” when operating a vehicle or caused the accident because he or she was not paying attention.
Types of Auto Accidents
There are many types of auto accidents that can cause severe injuries. Here are some of the most common variables personal injury auto claims:
- Auto Accident Scenarios
- Auto Accident Locations
- Auto Accidents Due to an Impaired Driver
- Auto Accidents Due to Weather or External Conditions
- Auto Accidents with a Specific Type of Vehicle
- Auto Accidents Due to a Faulty Vehicle or Misused Features
- Auto Accidents With Pre-Existing Injuries
Failure to Take Reasonable Care
In order to prove the other driver wasn’t taking reasonable care while operating a vehicle, there are several things that must be established in legal arguments.
The first is the argument that every driver has a legal duty to use reasonable care when operating a vehicle. This is relatively easy to establish, but it must be discussed in the case, as you must prove that the other driver was in violation of that duty.
In addition, you must prove a direct relationship between the accident in which you were involved and the injury that resulted from it. Receiving an award of compensation through a personal injury auto accident lawsuit depends on whether you can prove that the other driver should have acted differently at the time of the accident. Regardless of what actually happened in the accident, you must prove the other driver failed to take reasonable care in his or her actions.
Lawsuits that involve auto accidents typically focus on whether the other driver met his or her “duty of care” responsibilities in operating a vehicle. Under the legal definition, a driver is expected to do certain things at all times when driving in order to meet the duty of care standard. These things include:
- Driving at a reasonable speed,
- Maintaining control of the vehicle, and
- Remaining diligent in operating the vehicle and aware of all situations which could result in accidents.
Auto accident personal injury lawsuits also address whether a driver’s actions created “unreasonable risk”. Unreasonable risk is legally considered a risk, which any reasonable individual should be able to anticipate and therefore avoid.
Failure to avoid a foreseeable risk is the definition of negligence and the basis for all personal injury lawsuits. An example of failing to avoid a foreseeable risk could be not wearing a helmet. A disregard for the safety of others must be established in the argument of the auto accident lawsuit.
There are also many circumstances for a car accident to occur, from being rear-ended to making a left turn. In all Car Accident Scenarios, you must determine who is at fault for injuries.
Cause of Injuries
In order for another driver to be found responsible for your injuries that occurred during an auto accident, he or she must have used poor judgment and negligent conduct. His or her actions must be clearly linked to your resulting injuries.
- Example: If a car struck you, you must prove that you did not cause the accident, and that the actions of the driver resulted the accident and the subsequent injuries you suffered. If however, your own behavior was reckless and was the reason for your injuries, then the driver of the vehicle cannot be held liable for any resulting injuries.
In any auto accident personal injury case, you must prove that a reasonable person could have anticipated the risk of harm to others and should have acted accordingly to avoid causing harm.
Driver at Fault: If a car struck you while you were crossing the street using a crosswalk, the driver of the vehicle should have anticipated the potential of pedestrian traffic and used reasonable care to avoid causing harm.
You at Fault: If however, you ran out in front of the vehicle in an area not defined for pedestrian crossing, then the accident was not the driver’s fault and was instead the result of your reckless behavior. In such a case, the driver could not be held liable for resulting injuries.
Intervening Causes in Personal Injury Auto Accidents
Another factor that will come into play in any auto accident personal injury lawsuit is the concept of intervening causes. This is the idea that some other incident or contributor is actually at fault for the accident and that the other driver could not have acted reasonably to avoid harming others.
An example of an intervening cause is a multiple car accident in which a two other motorists have an auto accident, leading to another driver striking your vehicle.
Given the intervening circumstances, the driver who struck you was more than likely was not acting negligently in operating his or her vehicle and instead hit your car because of the first accident involving the other vehicles.
However, if the driver who hit you was speeding, driving erratically, or was in some other way not meeting his or her duty of care responsibilities in operating a vehicle, they may still be liable and you may have a personal injury case against them.
Factors of Auto Accident Personal Injury Claims
- Responsibility for Car Accidents
- Learn and understand how to prove responsibility in car accident personal injury claims
- Car Accident Injuries and Reports
- Discover common car accident injuries and how to proceed
- Disputing Fault in Automobile Accidents
- Learn how to proceed forward when you need to dispute fault in an auto accident.
- Insurance and Car Accident Cases
- Learn about how to proceed with insurance companies after a car accident
- Settling Car Accident Claims
- Learn the steps for settling car accident cases and how to proceed
- When Are Employers Liable in Automobile Accidents?
- Learn about when the employer of the at-fault driver can be held liable in an auto accident.
- What Happens When You Are Injured in a Car Accident as a Passenger?
- Learn what you should do if you are injured in a car accident while riding as a passenger.
- How Do Seatbelt Laws Affect a Personal Injury Claim?
- Learn how seatbelt laws in different states can affect the amount of damages you may receive in an auto accident personal injury case.
- What Happens if Someone Else is Driving My Car and Gets in an Accident
- Learn what you should do if someone else is driving your car and gets into an accident.
Other Traffic Accidents
Auto accidents don’t always involve two or more cars. In many occasions, a bicycle or motorcycle can be involved.
If you’ve been involved in a bicycle or motorcycle accident, you will need to determine who is at fault for your injuries. You will also need to understand laws and scenarios and how best to proceed immediately following an accident.
- Bicycle Accidents
- Motorcycle Accidents
- Truck Accidents
- Pedestrian Accidents
Types of Injuries Caused by Auto Accidents
There are dozens of injuries you might sustain during an auto accident. It's possible to receive damages for even the most minor injuries like lacerations or whiplash, or for the biggest injuries like permanent disability and even death. Here's a little more information on what types of injuries an auto accident cause.
Hiring a Personal Injury Attorney
If you believe you have a personal injury claim due to a car accident, you should contact a personal injury attorney as soon as possible. Your P.I. lawyer will be able to evaluate your case and advise you on how to effectively proceed.
You will not have to worry about any upfront cost for hiring a personal injury lawyer. These attorneys work on a contingency basis and are not paid unless you win your case. Fill out a free evaluation form on this site to be contacted by a personal injury attorney in your area.
Need to know more? Check out our auto accident resources page, or perhaps read more on some of our best tips for success after an auto accident.