Motor vehicle accidents resulting from others’ negligence are common and include car accidents, truck collisions, pedestrian accidents, motorcycle crashes, bicycle accidents, and rideshare accidents. These incidents often result from factors like distracted driving, speeding, failing to yield, or driving under the influence.
An experienced car accident attorney can help by thoroughly investigating your accident circumstances, gathering evidence, and establishing fault. They can also negotiate with insurance companies to ensure you receive fair compensation for medical bills, lost income, and pain and suffering. If necessary, an attorney can take your case to court, increasing your chances of a successful outcome.
Common Categories of Motor Vehicle Crashes
Motor vehicle collisions resulting from the negligence of other drivers can take many forms, each with its own unique risks and consequences. These accidents can involve cars, trucks, pedestrians, bicycles, motorcycles, and even rideshare vehicles. Here’s a look at some of the most common types:
- Car Accidents – Car accidents are among the most frequent types of accidents resulting from others’ negligence. Common causes include distracted driving, speeding, running red lights, and driving under the influence of alcohol or drugs. For instance, a driver texting while behind the wheel may fail to notice a stop sign, causing a collision. Similarly, speeding reduces a driver’s ability to react in time, increasing the likelihood of an accident.
- Truck Accidents – Truck collisions often result from driver or company negligence, including fatigue, speeding, or improper loading. Commercial trucks are much larger than passenger vehicles, so crashes involving trucks can result in severe injuries or fatalities. Drivers who fail to properly check blind spots, tailgate, or neglect to maintain their vehicles are also more likely to cause accidents.
- Pedestrian Accidents – Pedestrian accidents occur when a driver strikes a person walking or crossing the road. These accidents often happen when drivers fail to yield at crosswalks, run red lights, or drive distracted. In urban areas, pedestrians are at higher risk, especially when drivers do not fully stop at intersections or when they speed through residential neighborhoods.
- Bicycle Accidents – Bicycle accidents are particularly dangerous because cyclists have little protection compared to motor vehicle occupants. Negligent driving, such as failing to signal when changing lanes, cutting off cyclists, or driving too close to bike lanes, often leads to crashes. A driver may not check their blind spots properly before turning, leading to a cyclist being struck.
- Motorcycle Accidents – Motorcycle accidents are more likely to cause serious injuries or death, as riders are more exposed. Common causes of motorcycle accidents include drivers failing to notice motorcycles in their blind spots, unsafe lane changes, or distracted driving. Motorcyclists are especially vulnerable when other drivers do not give them enough space or fail to yield.
- Rideshare Accidents – Rideshare accidents involving services like Uber or Lyft can occur due to the negligence of either the driver or another road user. Common issues include distracted driving, speeding, or failing to follow traffic laws. Since rideshare drivers may be unfamiliar with their routes or too focused on navigation apps, they may make unsafe driving decisions.
Most Common Injuries in Motor Vehicle Accidents
Motor vehicle accidents can cause a wide range of injuries, varying in severity depending on the type of collision, the speed of the vehicles, and the victim’s position at the time of the crash. Accident victims may experience both physical and emotional harm, with some injuries leading to long-term complications. Here are some of the most common injuries suffered in motor vehicle collisions:
- Whiplash – Whiplash is one of the most common injuries in rear-end collisions. It occurs when the head is suddenly jerked forward and then backward, straining the neck ligaments and muscles. Symptoms often include neck pain, stiffness, headaches, and dizziness. While whiplash is often not life-threatening, it can cause chronic pain and discomfort.
- Concussions and Traumatic Brain Injuries (TBIs) – Concussions and more severe traumatic brain injuries can result from a blow to the head during a crash. Even if a victim does not lose consciousness, the sudden impact can cause brain swelling or bruising. Symptoms of a concussion frequently include confusion, memory loss, dizziness, and nausea. More severe TBIs can lead to long-term cognitive issues, difficulty concentrating, or permanent brain damage.
- Broken Bones – Fractures are another common injury in motor vehicle accidents, particularly in high-impact collisions. Broken arms, legs, ribs, and collarbones are frequent, often due to the force of the crash or being thrown against hard surfaces like the dashboard or window. In some cases, fractures may require surgery or extensive physical therapy to heal properly.
- Spinal Cord Injuries – Injuries to the spine can be particularly serious, as they may result in partial or total paralysis. These injuries typically occur in high-speed crashes or when a person is thrown from their vehicle. Spinal cord injuries can affect the victim’s ability to move or feel sensations in certain parts of the body, leading to permanent disability.
- Internal Injuries – Internal injuries, such as damage to organs like the lungs, liver, or spleen, can occur during a crash, especially when the body is compressed or struck with great force. These injuries are often harder to detect right away and may not show symptoms immediately. Internal bleeding, if left untreated, can be life-threatening.
In addition to physical injuries, many victims suffer emotional and psychological trauma following an accident. Post-traumatic stress disorder (PTSD), anxiety, and depression are common, especially for those involved in severe or fatal crashes.
How to Prove a Motor Vehicle Accident Claim or Lawsuit
To prove the legal elements of a motor vehicle accident claim or lawsuit, a victim must show that the other driver was negligent and that their negligence caused the accident and resulting injuries. This process involves establishing several key legal elements. Here’s how to prove each one:
- Duty of Care – The first step in proving a motor vehicle accident claim is to show that the other driver owed a legal duty of care. Every driver has a legal responsibility to drive safely and obey traffic laws to avoid causing harm to others on the road. For example, drivers must stop at red lights, signal when changing lanes, and avoid distractions like texting.
- Breach of Duty – Next, you must prove that the other driver violated this duty of care. This is often done by showing that the driver acted negligently. Common examples of breaches include speeding, running a red light, failing to yield, or driving while distracted or under the influence of alcohol or drugs. Evidence such as traffic tickets, witness statements, or police reports can prove this breach.
- Causation – To win a claim, you must also show that the at-fault driver’s (the defendant’s) actions directly caused the accident. This means there must be a clear connection between the driver’s negligence and the crash. For example, if a driver was texting and ran a red light, causing a collision, their texting would be a direct cause of the accident.
- Damages – The final element is showing that the accident caused actual harm or damages. This includes both physical injuries and financial losses. Injuries may include broken bones, whiplash, or head trauma, and these should be documented with medical records and bills. Financial losses can include medical expenses, lost income due to time off work, and the costs of vehicle repairs. The victim may also seek compensation for pain and suffering, which can be more difficult to quantify but is still an important part of the claim.
How an Experienced Motor Vehicle Accident Lawyer Can Help with Your Case
An experienced motor vehicle accident attorney can play an important role in helping you handle the process of filing a claim or lawsuit after an accident.
From gathering evidence to negotiating with insurance companies, a skilled attorney will ensure that you have the best chance of securing fair compensation for your injuries and damages. Here’s how a lawyer can assist you:
- Thoroughly Investigating the Accident Circumstances – One of the first things an experienced lawyer will do is conduct a thorough investigation into the accident. This includes gathering evidence such as police reports, witness statements, and surveillance footage. They may also consult with accident reconstruction experts who can help establish the cause of the crash and determine who was at fault. This investigation is critical for building a strong case and identifying any contributing factors, such as distracted driving or weather conditions.
- Assessing the Full Extent of Your Damages – A lawyer will also help you accurately assess the full extent of your damages. This includes not only your medical bills and property damage but also lost earnings, future medical costs, and pain and suffering. They will work with medical professionals and financial experts to understand the long-term effects of your injuries and make sure all potential losses are considered in your claim. Many victims underestimate the cost of long-term care or future treatments, and an experienced motor vehicle accident lawyer can ensure that these costs are factored into the calculation.
- Negotiating with Insurance Companies – Insurance companies often try to minimize the amount they pay out to injured accident victims. They may offer a quick settlement that is much lower than what you actually deserve. A skilled car accident lawyer knows how to handle these negotiations and will fight for a fair settlement on your behalf. They understand the tactics insurance adjusters use and can effectively counter low-ball offers. If the insurance company refuses to offer you a fair settlement, your lawyer will be prepared to take your case to court.
- Representing You in Court – If your case goes to trial, an experienced lawyer will represent you in court. They will prepare legal arguments, present evidence, and cross-examine witnesses to make a compelling case in front of a judge and jury. Having a lawyer with trial experience can significantly increase your chances of a favorable verdict.
- Reducing Stress and Improving Your Chances of Success – Dealing with the aftermath of a motor vehicle accident can be overwhelming, especially if you’re recovering from serious injuries. By hiring an experienced lawyer, you can focus on your medical recovery while they handle the legal components of your case.
How Much is a Motor Vehicle Accident Claim or Lawsuit Worth?
The value of a motor vehicle accident claim or lawsuit can vary widely depending on several factors, including the severity of the injuries, the extent of property damage, and whether there is evidence of negligence. In general, the more serious the injuries and damages, the higher the potential value of the claim. To understand how much a claim is worth, it’s important to know the different types of damages that can be recovered.
- Medical Expenses – One of the most straightforward types of damages is medical expenses. This includes costs for emergency care, hospital stays, surgeries, doctor visits, physical therapy, medications, and any other treatment required as a result of the accident. If the victim’s injuries require long-term or future medical care, these expenses will also be considered when determining the claim or lawsuit’s total value.
- Lost Earnings – If the accident victim is unable to work due to their injuries, they may be entitled to recover lost income. This includes money lost from missing work during their recovery period, as well as any future income losses if the injuries result in a permanent disability. In some cases, the victim may also recover lost earning potential if they are unable to return to their previous job or career after the accident.
- Pain and Suffering – Pain and suffering damages compensate the victim for their physical and emotional distress resulting from the collision. This can include ongoing physical pain, mental anguish, anxiety, depression, and a decreased quality of life. These damages are often harder to quantify, but an experienced lawyer can present evidence of how the injury has affected the victim’s life.
- Punitive Damages – In cases of extreme negligence or intentional harm (such as drunk driving), punitive damages may be awarded. These damages are designed to punish the defendant and deter others from similar behavior. Punitive damages are typically awarded in addition to compensatory damages (i.e. for medical bills, lost wages, etc.).
Each case is unique, and an experienced lawyer can determine the potential value of your claim based on the specific circumstances.
Speak with an Experienced Motor Vehicle Accident Lawyer Today
If you sustained injuries in a motor vehicle crash, a knowledgeable lawyer can help you throughout every stage of your case. Your motor vehicle accident attorney will promptly investigate your accident circumstances, determine your options, and work to maximize your overall compensation award.