According to the National Highway Transportation and Safety Administration, an automobile accident occurs every 10 seconds. These accidents account for the majority of personal injury claims in the U.S.
In auto accident lawsuits, the case is usually against the negligent driver – the driver who caused the accident. In multiple-party accidents, there is usually one driver who is at fault. Auto accident lawsuits are typically brought forth against the negligent driver in order to gain compensation for damages either to a person or property. The person injured in the accident has to prove that injuries were caused by the accident and by the driver’s negligence.
Negligent Driving
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Negligent driving may be defined in a lawsuit by a number of moving violations, including disobeying traffic signs, failing to signal when turning, driving above or below the speed limit, disregarding weather conditions or traffic hazards, and driving under the influence of drugs or alcohol. An injured party must prove that the driver who caused the accident was guilty of one or more of these infractions to win an auto accident lawsuit.
Reckless Driving
A driver can also be held responsible for his or her own accident. Reckless driving, such as speeding or weaving in and out of traffic, can cause single-car auto accidents, in which no one but the driver is involved. In these situations, the driver has no one to blame but his or herself, and no lawsuits can be filed. Traffic citations can be issued, however, against people caught driving recklessly. Anyone caught driving under the influence of drugs or alcohol will also be held responsible for any accidents or damage that occurs when they’re behind the wheel.
Vehicle Defects
In certain cases, auto accidents are the result of external causes, such as faulty or defective manufacturing of the automobile. When this occurs, lawsuits may be brought against the automaker or dealer, who may be responsible for either not fixing the damage or selling it regardless of the knowledge of a defect. Automobiles with recalled parts can cause accidents and injury to purchasers who are unaware of the defects. Manufacturers can be held liable for certain accidents that occur because of faulty design or manufacturing.
External Causes
Other external causes, such as poor road conditions, broken traffic signals, and other unsafe driving conditions can cause auto accidents that are not the fault of the driver or drivers involved. While city or state governments can be held accountable in accident lawsuits of this kind, it is often difficult to make such lawsuits stick in a court of law. A personal injury attorney experienced in auto accidents can help determine the merit of a case against a city or state transportation official.
Auto Accident Settlement
An auto accident settlement awards damages to the victim of an auto accident caused by another party. Auto accident settlements can provide victim restitution for medical expenses, loss of income or earning potential as a result of injury, disability, or even death, property damage, and pain and suffering.
Insurance Companies
An auto accident settlement is often handled through the relevant parties’ insurance companies. Many times a defendant’s auto insurance adjusters will try to award the minimum auto accident settlement to an accident victim. Seeking the advice and counsel of a professional auto accident attorney can help to ensure that a victim is adequately compensated for their injuries in an auto accident settlement.
Statistics
Every year in the United States there are approximately five million auto accidents. Two million people are injured and 20,000 people are killed each year in these auto accidents. Automobile accidents are the leading cause of death for people under the age of thirty-four. Auto accident settlement cases comprise the majority of personal injury settlements that are awarded each year.
Determining Liability
When an automobile accident first occurs it is important that you do not say anything that may negatively affect the outcome of a future auto accident settlement. Even if you are not at fault in the auto accident, things that you say following an accident can be construed as an admission of guilt or liability. Collecting all pertinent information about the accident, the involved parties, the witnesses, and the conditions surrounding the accident are vital to determining liability and damages in an auto accident settlement.
Insurance Adjuster
Once you have been injured or suffered damages in an auto accident, your claim is turned over to your insurance company and/or the other party’s insurance company. They will evaluate a number of factors involved in the accident to determine what type of auto accident settlement they will offer. Insurance companies will appraise liability, medical expenses, wage loss, property damage (including towing expenses, auto repairs, lost or destroyed personal items, and rental car costs), and physical injuries when determining the monetary award in an auto accident settlement.
Accident Injuries
If you suffer personal bodily injury from an auto accident, the help of a professional auto accident attorney can help you to manage subsequent proceedings in an auto accident claim. Qualified and experienced attorneys can also help protect and maximize a victim’s legal interests in a case to ensure that they are adequately compensated for their damages.
If an auto accident settlement cannot be reached through the insurance process, or if there are extenuating circumstances that make the use of an auto accident lawsuit more appropriate to secure an auto accident settlement, the help of an attorney can prove to be even more essential. This legal professional has close knowledge regarding the laws applicable in a victim’s case that will best secure them the auto accident settlement they are rightfully entitled to.