Legal Rights for Someone Injured in a Car Accident

Car accidents kill or injure thousands of people every year.  More than six million motor vehicle crashes occur each year in the United States.  These accidents are often the cause of extraordinary suffering and loss to motorists, passengers and pedestrians.  Physical injuries, financial costs and property damage sustained as a result of an auto accident can be devastating. 

Determining Liability

Most states allow you to file legal claims against the people responsible for the accident.  The most important step in filing a claim for an auto accident injury is to determine who is at fault.  Insurance companies must look at the negligence of each driver in order to attribute the percentage of fault.  In order to prove negligence, the following four elements must be established:

1. Duty of care. A driver has a duty to operate their vehicle within the normal standard of care as an otherwise reasonable person would do. 
2. Breach of duty. A driver may be liable for breaching the duty of care if they acted in an unreasonable manner such as speeding or driving under the influence.
3. Causation. That the negligence of the driver was the cause of the victim’s injuries.
4. Damages. The amount of money that can compensate the victim for their injuries.

There are certain factors that may prevent a plaintiff from collecting damages or that may reduce the amount of damages awarded.  These are:

• Contributory negligence. If the plaintiff contributed to his or her injury, in some states, the plaintiff will be prevented from collecting any damages.
• Comparative negligence. This allows the plaintiff to collect some damages, but may be reduced by the amount in which the plaintiff contributed to their own injury.

If you believe the accident was caused by a safety defect in your vehicle or the vehicle that hit you, you may be able to file a lawsuit against the vehicle manufacturer.  When an employee injures someone while driving a company vehicle in carrying out their normal job duties, the victim has the legal right to sue the employer for damages.

Compensation and Damages

The injured party in a motor vehicle accident may be able to recover damages from the party or parties who caused the accident.  A victim can receive compensation for both economic and non-economic damages.  Examples of economic damages are:

• Past and future medical expenses
• Lost wages or earnings
• Damages to property or loss of property

Non-economic damages may include:

• Physical, mental and emotional pain and suffering
• Past and future medical expenses
• Permanent disfigurement or impairment
• Loss of consortium when a spouse may be unable to have normal marital relations

In addition to compensatory damages, the victim may be eligible for punitive damages.  These are awarded to a plaintiff as a means of punishing the defendant for their egregious, malicious or intentional actions.  These are rare in most auto accident cases, but may be awarded in certain drunk driving cases.

When to Talk to a Lawyer

Your insurance company or the other driver’s insurance company may offer you a settlement that may not appear to be fair compensation for your injuries or losses.  You should consult with an attorney to determine whether a lawsuit or negotiated settlement might be the right course of action for you.