According to the National Highway Traffic Safety Administration, around 40,900 people died in motor vehicle traffic crashes in 2023. Many accidents on the road are fatal, and those who are lucky enough to survive major collisions will require hospitalization and deal with costly vehicle repairs, lost wages and trauma.
Common Causes of Car Accidents
Why do vehicular accidents happen and how can we prevent them from happening?
Distracted Driving
When drivers are not fully focused on the road such as when they’re texting or eating while driving, or they have too much on their minds, it can result in an accident. Every year, around 3,000 people in the United States lose their lives due to distracted driving.
Driving While Intoxicated
Most states prohibit driving with a Blood Alcohol Concentration (BAC) level of .08 grams per deciliter (g/dL) or higher. However, even BAC levels below this limit can lead to accidents.
Speeding
Some drivers prioritize speed over safety, especially when in a hurry or when there are few vehicles on the road but doing this is actually dangerous and could potentially end up in an accident.
Inconsiderate Driving
Some motorists fail to show consideration for others on the road. They may change lanes or make turns without signaling, expecting others to adjust around them instead.
Driver Fatigue
Regulations exist to limit driving hours for commercial drivers, but fatigue-related accidents still occur when drivers push their limits or fail to take proper breaks.
Injuries Sustained in Car Accidents
When cars collide, the force generated by the impact can lead to serious injuries. Some of the most common injuries seen in car accidents are whiplash, brain injury, spinal cord injury, fractures, burns, limb loss, cuts and bruises. While most injuries show symptoms right away, others may take days or even weeks to be noticeable. This is why it’s important to get yourself checked by a medical professional after a car crash.
Who is Liable for Your Accident?
Following a car accident, people often wonder: who’s at fault? It’s crucial to determine the responsible driver because in many states, they’re accountable for any injuries or vehicle damage caused. Some states have a “no-fault” system, where everyone involved pays for their own losses, regardless of fault.
In fault-based states, comparative negligence or contributory negligence rules apply. This means the compensation you owe (or owed to you) is based on your role in the accident. If you’re the only one at fault, you’re responsible for all damages. But if multiple parties share blame, each pays according to their contribution.
After a crash, all parties should inform their insurance company to file a personal injury claim. Even if you plan to take legal action later, this step is essential. If your insurance doesn’t cover all expenses, you can sue the responsible party for compensation.
In states with comparative fault rules, proving the other party’s fault is vital. If you’re the victim and share fault, your compensation may decrease. But if you’re 51% or more at fault, your claims will likely be dismissed and the other party could sue you.
Damages You Can Claim After a Car Accident
There are two forms of compensation that crash victims can claim – economic and non-economic damages. The former is comprised of losses with verifiable monetary value such as your medical bills, medication, loss of wages and vehicle repair expenses.
Non-economic damages, on the other hand, are meant to compensate you for the emotional and mental toll of the accident. You may suffer severe mental anguish in addition to physical pain. Or you may need therapy to help you deal with the emotional stress and mental issues you will encounter as a result of the incident.
Non-economic damages such as pain and suffering, loss of consortium (deprivation of the benefits of intimate or familial relationships) or punitive damages can be pursued as well.
Determining compensation for car accident victims involves assessing various factors, including the mental and emotional impact of the injuries, which varies for each individual. The severity and sensitivity of the injury play a significant role in the compensation that will be awarded to you.
If you’re not at fault in the accident, you will typically receive damages from the at-fault party’s liability insurance. However, if the other driver is uninsured or underinsured, your uninsured/underinsured motorist (UM/UIM) coverage – if you have one – can cover your expenses.
How to Collect Damages After Your Accident
To receive compensation for your losses, you must file a claim with the insurance company. But which insurance company – yours or theirs? Here are some general guidelines:
- If you are not responsible for the accident and lack collision coverage, you need to file a claim with the at-fault party’s insurer.
- If you are not at fault and prefer not to involve your insurer, file a claim with the at-fault party’s insurer.
- If you want to avoid paying your insurance deductible, then you must file a third-party claim with the other driver’s insurance.
Take note however that if you reside in a no-fault state, you must file a claim with your own insurance company, regardless of liability.
Now before filing a claim, you need to be able to prove:
- The other driver’s negligence
- How their negligence caused the accident
- Your injuries and damages resulting directly from the accident
Gather evidence like pictures, bills, receipts, witness contact information, and records of how the accident has affected you. Send the insurance company a copy of these evidences when you mail your demand letter.
Settlement values vary widely – mild accidents may result in modest settlements, while severe injuries can lead to substantial settlements, sometimes reaching millions of dollars.
Having a car accident lawyer can greatly help you in the insurance claim especially if you are trying to collect significant damages.