Millions of motor vehicle accidents happen annually in the United States, with more than hundreds of thousands of injuries and 42,500 deaths. Car accidents come in all types, but some are more common than others.
When another party causes a car accident, the injured person may be entitled to compensation for their injuries and damages. Obtaining compensation in a car accident claim involves proving that another party was negligent and caused your injuries.
Whatever kind of motor vehicle accident you were in, you should speak to a car accident attorney if another party injured you. Getting maximum compensation from the liable insurance company is difficult, but a skilled attorney can make it happen. You can speak to a car accident lawyer for free today.
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Common Types Of Car Accidents
Some of the most common types of motor vehicle accidents causing severe injury and death are listed below.
Generally, motor vehicle accidents of all types are caused by human error, such as drunk driving, distracted driving, and driving while fatigued. Less common are crashes caused by a product or part manufacturing defect:
Rear-End Crashes
Rear-end crashes are the most common motor vehicle accidents; the NHTSA states that 29 percent of all accidents are rear-end crashes. They happen when the rear driver hits the front vehicle from behind.
They usually happen when there is high traffic volume on the highway, at red lights, or stop signs. Rear-end accidents typically happen at low speeds but can also happen at highway speeds.
Common causes of rear-end crashes are distracted and fatigued driving, as well as driving under the influence.
Your car accident attorney will investigate the rear-end crash to understand its cause. The rear driver usually causes these crashes, but the front driver can be responsible in limited cases.
Head-On Crashes
Head-on motor vehicle collisions are among the most deadly of all accidents. They happen when two cars going in opposite directions hit each other head-on. Head-on crashes frequently cause severe injury, death, and totaled vehicles. Many head-on injury victims survive initially but die from injuries later.
Common causes of head-on crashes are distracted driving, drunk driving, and driving while fatigued. Many of these crashes happen at night with limited visibility and when more drivers tend to be sleepy or under the influence of drugs or alcohol. The Insurance Information Institute states that 10 percent of all car accidents are head-on crashes.
T-Bone Crashes
T-bone crashes are especially dangerous because they occur when one vehicle hits the other in the side and forms a 90-degree angle. The door and side of the vehicle offer less protection and cushion from crash forces, so the person on the side of the accident can be gravely injured. Broken bones, crushed limbs, head and spine injuries are common in T-bone accidents.
These crashes often are blamed on one driver missing a stop sign or traffic light. Other common reasons are drunk or distracted driving.
Sideswipe Crashes
Sideswipe accidents comprise approximately three percent of all accidents. They usually happen when a vehicle going the opposite direction glances off the side of the vehicle, coming the other way. These accidents are often due to distraction or fatigue.
Many sideswipe accidents don’t necessarily cause severe injury initially because of a lower impact speed. However, you can lose control, hit other vehicles or a tree, or roll over into the ditch.
Multiple Vehicle Crashes
Many accidents involve more than two vehicles. For example, an initial rear-end crash on the interstate can lead to a pileup involving five, ten, or more vehicles. These crashes are often severe and complicated to sort out.
You should immediately retain a car accident lawyer injured in a multiple-vehicle accident. Many injured parties and limited auto insurance can be available to protect your rights during settlement negotiations to safeguard your interests and achieve a fair outcome.
Rollover Crashes
Any motor vehicle can roll over. However, the weight, wheelbase, and height of trucks and SUVs make them more prone to these crashes. Rollover risk rises during bad weather or when the driver negotiates a turn too quickly.
Crash statistics in a singular year show that 7,100 driver and passenger rollover accidents killed them. You also can suffer severe injuries in a rollover accident by hitting objects inside the cabin. Talk to a car accident attorney if another driver injured you in a rollover accident.
How Do You Obtain Compensation In A Car Accident Lawsuit?
You can receive monetary compensation for your medical bills, lost earnings, and pain and suffering. However, your auto accident attorney must prove the other driver was negligent.
Proving negligence to the insurance company or jury means proving the following statements:
- The other party owed you a duty of care: All drivers in the US owe others a duty of care to drive safely, obey the law, and not endanger others.
- The other driver violated their duty of care: For example, the other driver was drunk, ran a red light, and T-boned your car.
- You suffered injuries in the accident: For example, you have broken bones and head trauma from the crash.
- You have financial damages, such as $50,000 in medical bills and lost income.
Your personal injury attorney will use accident evidence to prove negligence. Evidence to present to the insurance company or jury may include eyewitness statements, traffic camera footage, photos and videos of the crash scene, tire marks, damaged vehicles, and the police report.
Your auto accident attorney will also obtain evidence of your damages, including medical bills, lost earnings, and doctor statements about pain and suffering. Severe injuries can lead to compensation for lost future income and future medical expenses.
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What Is The Motor Vehicle Accident Claim Process?
Most motor vehicle crash claims follow a similar process. The steps outlined below assume that your crash occurred in a fault-based state. You may file a claim on the liable driver’s insurance policy for your injuries and financial losses.
However, if you live in a no-fault state, you probably need to file a claim on your insurance for your medical bills and lost income. You cannot file a personal injury lawsuit against the other driver for damages above what your auto insurance covers.
Talk to your auto accident attorney about how to proceed if you live in a no-fault state:
- After the auto accident, report the crash to your insurance company. Then, you may contact the at-fault driver’s insurance company to handle the claim. Or, you can have your insurance company deal with the other insurance provider. Another option is to have a car accident attorney talk to the liable driver’s insurance company.
- An auto accident attorney can send the liable insurance company a demand letter detailing your damages and injuries. The demand letter will also include a dollar amount you agree to settle the case.
- The attorney will initiate settlement discussions with the liable insurance company. The insurance company will offer a low initial settlement, which your attorney will counter with higher offers. After settlement negotiations continue, the insurance adjuster will state their final offer. You and your attorney can agree to accept the offer or go to court.
- Filing a car accident lawsuit is relatively uncommon because most claims end with a settlement. It’s usually beneficial to settle the claim without going to trial. A court case is expensive and can take months, even years. Many accident victims prefer to take the highest possible settlement to get money in their pockets faster. However, a very low settlement offer might lead to you wanting to go to court.
You should listen to your car accident attorney’s advice about settling the claim or going to trial. It’s usually best to avoid court, but your attorney will have a good idea of what the best legal strategy is for your case.
Who May Be At Fault For Your Car Accident?
A driver error causes most car accidents. Most people file claims and lawsuits against another driver, and their auto insurance policy covers the payout. There are other potentially at-fault parties, however, depending on the accident.
For example, a driver, such as a food delivery driver, may have hit you while working. If they work full-time for a company and the driver is working, you can file a claim against the employer.
This situation often arises when a truck driver causes a car accident. The injury victim can sue the trucking company for their losses. Tractor-trailer drivers are required to drive with a high duty of care. Their employer may be vicariously liable for the accident when they don’t. A truck maintenance company or the firm that loaded the trailer may also be to blame for the truck accident.
Your auto accident lawyer will thoroughly investigate the crash and ensure the liable party is held accountable. Several people and entities can be liable for the most complex motor vehicle accidents.
What Is Your Motor Vehicle Crash Settlement Worth?
Car accident settlements come in many shapes and sizes. One case with similar details can result in a higher or lower settlement than another.
However, experienced auto accident lawyers know that settlements often depend on:
- Severity of injuries: Serious car accidents cause devastating or even fatal injuries. Your case settlement value will be higher for severe injuries, which can be brain or spine injuries, burns, multiple broken bones, and any injury requiring hospitalization or surgery. On the other hand, soft tissue injuries (whiplash) are substantial injuries but are usually worth less.
- Medical costs: People with higher medical bills receive more from the insurance company or jury. A brain injury can require millions of dollars of care for years, while a fractured wrist may cost a few thousand in medical bills.
- Lost earnings: A permanent injury, such as brain damage, can mean long-term disability and lost income. A car accident attorney will determine if your serious injury will lead to a loss of earning capacity. A less severe injury may entitle you to lose current and future earnings until you can return to work.
- Pain and suffering: A severe burn injury involves excruciating pain and suffering and will lead to more compensation than a soft tissue injury.
- The amount of available insurance coverage: Your settlement can be for hundreds of thousands, but recovering more is often challenging if the available insurance only pays $50,000. Most people who cause car accidents lack significant assets to seize in a lawsuit. However, a car accident attorney will review your case and determine the available insurance coverage and other options for compensation.
- Drivers who don’t have insurance cause some car accidents. If this happens to you, your auto accident attorney may help file a claim on your policy’s uninsured driver rider, if available.
The amount of your settlement after a motor vehicle accident is also affected by the skill and record of your attorney. An experienced auto accident attorney in your city with a strong reputation and proven results will likely trigger a higher settlement offer from the insurance company.
Insurance adjusters know the insurance provider often pays more in a jury verdict than in a settlement agreement. Seriously injured plaintiffs are often objects of sympathy to juries, especially when a large insurance company is on the other side. Your experienced car accident attorney can encourage the insurance company to settle to avoid paying more in court.
Talk To A Motor Vehicle Accident Attorney Today
Did another driver hit and injure you? Is your vehicle totaled? You may deserve compensation for your medical bills and other losses. If your case qualifies, you can receive compensation for your medical bills, lost earnings, damaged vehicle, and pain and suffering.
Remember that you will not pay out-of-pocket legal fees for your attorney’s services. Your attorney will receive payment through a contingency agreement from your settlement or jury award, so you don’t owe anything upfront. You only pay if your attorney wins your case, making it a risk-free option.
Contact a personal injury attorney today to learn more and discuss how they can assist in securing the compensation you deserve.