Car Accidents

More than 5.1 million car accident injuries occurred in the U.S. in 2023 that required medical attention. Sadly, another 44,762 people lost their lives in collisions during that same year. Car accidents are far too common on roads across America, with many collisions causing devastating loss.

If you were involved in a crash someone else was responsible for causing, you may be entitled to compensation for economic and non-financial loss. This can include payment for medical bills, lost wages, pain and suffering and emotional distress.

However, you need to understand the rules that apply to determine how to recover damages, and you must ensure you can prove your claim.

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Who is responsible for car accident losses?

After a collision, it is important to determine the cause of the accident. Most collisions result from:

• Driver negligence and/or driver violations of safety rules
• Unsafe road conditions, such as poorly maintained roads or roads with inadequate lighting
• Defective vehicles, such as cars with exploding airbags or those prone to rollovers

If your crash occurred because of one of these causes, you may be able to take legal action against the careless driver, those responsible for the roads, or those responsible for the unsafe vehicle. For example, if a speeding driver hit your vehicle, that driver who was in a hurry may be legally responsible for covering your losses and may be made to compensate you for damages.

However, there are a few special rules you must know to understand your rights. There could also be defendants you may not expect who are accountable to you as well.  Here are some of the key rules affecting your ability to get compensation after a crash.

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Fault vs. no fault states

The majority of states in the U.S. are fault states for car accidents. This means that even after a minor collision, you could pursue a claim against a driver whose behavior caused or contributed to the accident.

A minority of states follow different rules and are called no-fault states. If the crash occurs in one of them, you will not be able to recover compensation from another driver responsible for harming you unless your injuries are considered sufficiently serious under state law.

If you suffer just a minor injury, such as a simple leg fracture or a sprained wrist, you’d have to recover compensation under your own coverage. Specifically, you’re required to buy personal injury protection (PIP) coverage to pay the bills for more minor losses.

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Contributory vs. comparative negligence

Some collisions are pretty straightforward and one driver is clearly the cause – but that’s not always the case. If you share the blame for your own accident, you can typically still pursue a claim for partial damages but the rules vary by state:

• In pure comparative fault states, you can recover damages even if the other driver was 1% to blame – although you’d only be paid 1% of the total damage amount due.
• In modified comparative fault states, you can recover damages only if the other driver was at least 50% or at least 51% responsible for harming you (depending on the state). Again, you’d only be paid a percentage of your damages equal to the percentage of blame assigned to the other driver if you shared fault.
• In pure contributory negligence states if you played even a small role in causing the accident, you can’t pursue a claim against the other driver. Very few locations follow contributory negligence rules, and most have carved out some exceptions to ensure your very minor mistake doesn’t make you ineligible for damages.

The rules of the state where the accident occurred apply to determine your ability to make your case after shared-fault crashes.

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Vicarious liability

If another driver behaves dangerously, it’s clear you can pursue a claim against that motorist. However, if the careless driver was performing work duties at the time of the incident, their employer could also be responsible for crash losses as well – even if the company didn’t engage in negligence or wrongdoing of its own.

Employers become liable through vicarious liability rules, which say that their employees are their agents acting on their behalf. These rules can be important to know, especially in truck crash accidents or collisions involving delivery drivers, as trucking companies may be better positioned to pay for your losses than individual drivers.

Sovereign immunity

Sometimes, a government employee may have been the cause of your crash. This can happen in cases of negligent road maintenance, or when your crash was caused by a public school bus driver or municipal garbage truck driver.

In these situations, special rules apply called sovereign immunity rules. These get their roots in old English common law that says you can’t sue the king. While you can sue the state, there are many added complexities to be aware of in these types of claims so getting help from a car accident lawyer will be especially important

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What do you need to prove in your auto accident claim?

Regardless of which defendants you’re trying to hold accountable after your crash, you have the burden of proving they should be liable for your losses.

You must show that, more likely than not, your version of events is the true one. This standard is called the preponderance of the evidence standard.

The specific things you must prove vary depending on the cause of the crash. For example:

• If you are claiming negligence or carelessness, you must show the defendant had a legal duty to you, which they breached or failed to fulfill by behaving less carefully than a hypothetical reasonable person or entity would have under the circumstances. You must also show you were damaged because of it.
• If you’re pursuing a claim based on a defective vehicle, you must show the defendant released a dangerous product that caused harm when used as intended and/or that the defendant failed to warn you of the risks of the product.

There may be certain circumstances where proving your claim is easier due to a legal doctrine called negligence per se.

This legal rule means negligence in itself – or that simply explaining the behavior shows the defendant was negligent and should be held liable for your losses without any extra evidence of carelessness needed.

You can make this argument when a safety rule is violated, such as when a driver causes a collision by breaking the speed limit. You’ll still need to show the safety violation was the direct cause of your crash, though.

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Gathering evidence in your car accident claim

To meet your burden of proof and make a successful car accident claim, you will need to gather evidence after your accident. This could include:

• Photos from the scene
• Witness testimony
• Police reports
• Toxicology reports
• Driver logs and maintenance logs if you’re involved in a crash with a commercial motor vehicle
• Medical records
• Expert testimony

You should begin working with an experienced car accident lawyer on gathering this evidence as soon as possible in the accident’s aftermath to make the strongest claim possible.

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How to get compensation for a car accident

There are two possible ways to resolve your auto accident claim. You could:

• Settle, which means you accept an offer to pay a lump sum and give up your right to go to court. You need to ensure the settlement is fair and covers all losses. If it does, settlement is often preferable to litigation because it’s less stressful, less time consuming, and less costly. You also have more certainty because you know how much you’ll recover.
• Litigate, which means going to court to prove your claim. This will be necessary if the defendant does not make a fair settlement offer.

The right approach will depend on the specifics of your claim. You’ll want to work with an  auto accident attorney who has strong negotiating skills, but who is also an experienced litigator so you can maximize your chances of a fair settlement while also ensuring you can go to court if needed.

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Compensation for a car accident claim

If you win your case, you should be “made whole” for your auto accident. This means you should recover compensation for:

• Medical costs: This includes bills already paid and the costs of ongoing care you will need throughout your lifetime.
• Lost wages: Lost wages include income missed due to your injuries, as well as sick leave or vacation days you were forced to take. If you experience an ongoing decline in ability to work due to injuries, you should also be compensated for future lost earning power.
• Pain and suffering: This is the discomfort resulting from your crash injuries. You can keep a pain diary to document it.
• Emotional distress: Conditions like PTSD and depression often develop post-crash and you should be compensated if you experience them

If the accident is fatal, then surviving loved ones of the victim may be able to pursue a claim for wrongful death damages. These damages can include loss of the wages the deceased victim would have brought into the household over the rest of their life, but also compensation for lost companionship.

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How can you pursue a car accident claim?

Working with a skilled attorney is the best way to pursue a car accident claim. Your auto accident lawyer can help you at every step of your case to get the compensation you deserve.

Contact us today so we can match you with a car accident lawyer with the skill and experience you need to maximize your chances of getting full compensation for crash losses.