According to an early report from the National Highway Traffic and Safety Administration, there were 9,330 car accident-related deaths in the first quarter of 2023 on roadways in the United States.
What is a car accident lawsuit?
Car accidents happen frequently, with many resulting in injuries or fatalities. According to an early report from the National Highway Traffic and Safety Administration, there were 9,330 car accident-related deaths in the first quarter of 2023. In 2022, there were a total of 9,645 fatalities on United States roadways. Data from 2019 shows that 4.5 million people were injured in motor vehicle crashes.
When a driver is injured in a car accident due to the reckless or negligent driving of another, they may choose to file a personal injury lawsuit against that driver. A lawsuit can help the injured party receive compensation for their losses, also called damages. In many cases, the injured party receives a fair settlement offer from an insurance company.
However, if a negligent driver has insufficient insurance coverage, the settlement may not be enough to pay for all related damages. In this case, a claimant may want to file a lawsuit to claim compensation for:
- Property damage.
- Medical bills.
- Disfigurement or permanent disability.
- Pain and suffering.
- Mental and emotional anguish.
- Lost wages and loss of future earning potential.
- Loss of companionship in the case of a wrongful death.
- Loss of affection for a spouse who is not the same after injuries.
Each state has laws regarding who is at fault in a driving collision and how it affects insurance payouts. In no-fault driver states, an individual’s own insurance company will pay small claims for damages related to an accident. In contrast, at-fault driver states require the insurance company of the driver who caused the accident to pay for damages. It can be more challenging to bring a lawsuit against another driver in no-fault states due to laws regarding payment thresholds and when a case must be filed. It is always best to speak to an attorney before filing a car accident lawsuit.
The impact of car accidents
A collision involving two or more cars can have a wide-reaching impact. The people involved in the crash can suffer serious injuries, while communities are left with the tax burden of paying for any damages to public property. Car insurance costs can increase due to too many accidents happening in an area. This means that even with a clean driving record, people may pay higher car insurance costs because accidents happen where they live.
Medical bills for those injured can pile up while they wait for a car accident settlement. Sometimes, these unpaid medical bills can also be charged to taxpayers. An injured person may no longer be able to work or live independently, putting further strain on the community. To help recover some of their losses, car accident victims can file a lawsuit if they have evidence that proves another driver was negligent.
Following a car accident: steps to take
After a car accident, victims can be confused and need medical care. However, it is vital to follow a few key steps once the injured parties are cared for so there are no questions about what happened when the time comes to make a claim. These steps are:
- Assessing the situation to make sure everyone involved is out of harm’s way, and all injuries are attended to.
- Talking to the police and filing an official report, as this can help when making a claim or implementing a lawsuit.
- Gathering evidence to demonstrate that careless driving was the reason for the crash.
- Sharing information with all involved parties and documenting the information of others.
- Making a claim with the right insurance company, depending on the laws of the state where the accident occurred.
- Discussing the car accident case with an attorney to determine legal standing.
Decisions regarding liability
Decisions regarding liability in a car accident lawsuit will depend on the evidence provided. A claimant needs supporting evidence to prove that another party’s negligence potentially caused an accident that resulted in injuries. This may be easier to do in some situations than others. A plaintiff with enough evidence may be offered a settlement, or they may decide to go to follow legal processes. If the case goes to Court, a judge or jury will determine who is liable and what the compensation will be.
