Can I Sue After a Car Accident?

Can I Sue After a Car Accident?

Car accidents can cause life-altering consequences, from physical injuries to emotional trauma, financial strain, and lasting disruptions to daily life. In the aftermath of a car accident, one of the most pressing questions for injured parties is whether they can sue for damages.

If you’re hurt in a car accident, do not hesitate to discuss your situation with a skilled attorney. A car accident lawyer can explain your rights and options and determine whether suing the responsible party is an option to pursue fair financial recovery.

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How Do Car Accidents Happen Most Often?

Understanding the root causes of car accidents is essential when evaluating who might be at fault in a collision. While some accidents are unavoidable, most can be traced back to human error, poor vehicle maintenance, or external factors. Some of the most common causes of vehicular collisions include:

Distracted Driving

Distracted driving remains one of the leading causes of car accidents. It includes anything that diverts attention from driving, such as texting, eating, adjusting the radio, or talking to passengers. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving contributed to over 3,000 fatalities in a recent year.

Driving Under the Influence

Driving while under the influence of alcohol or drugs impairs a driver’s reaction time, judgment, and coordination. DUI accidents often lead to severe injuries or fatalities, as impaired drivers are less capable of making safe decisions on the road.

Reckless of Aggressive Driving

Aggressive driving behaviors like tailgating, excessive speeding, changing lanes without signaling, and running red lights contribute to many accidents. Drivers engaging in reckless behavior often disregard other people’s safety, which increases the risk of collisions.

Weather Conditions

Adverse weather conditions, such as rain, snow, ice, fog, and even high winds, can cause road hazards that lead to accidents. Poor weather conditions are unavoidable, so drivers are expected to adjust their speed and driving habits based on weather conditions. Failure to do so often results in crashes.

Poor Road Conditions

Potholes, debris, uneven road surfaces, lack of proper signage, and construction zones can make driving dangerous. Municipalities or private entities responsible for the road may be held liable in cases where accidents are caused by poorly maintained roads.

Mechanical Failures

Vehicle malfunctions due to poor maintenance or manufacturing defects can also lead to accidents. If a defect in the car (such as brake failure or tire blowouts) causes a crash, the manufacturer or repair service may be held liable.

Driver Fatigue

Tired drivers have slower reaction times and impaired decision-making, making them more likely to cause accidents. Drowsy driving has been linked to countless accidents and fatalities.

Who Can Be Liable for a Car Accident?

Determining who is liable for a car accident depends on the collision’s circumstances. In general, liability is based on negligence or recklessness. Some of the parties most often held liable for collisions include:

The Other Driver

In most cases, the driver who caused the accident will be liable. For instance, if the other driver was speeding, running a red light, or texting while driving, they can be held responsible for the resulting injuries and damages.

Vehicle Manufacturers or Repair Shops

If the accident was caused by a defective vehicle or faulty parts, the manufacturer or repair shop that worked on the car may be held responsible. Product liability laws enable parties injured in car accidents to sue for damages from design, manufacturing, or marketing defects.

Government Entities

If poor road conditions caused the accident, government agencies responsible for road maintenance (such as local, state, or federal entities) may be liable. However, suing a government entity can be more complex due to sovereign immunity laws, which limit the ability to sue government agencies. Therefore, it’s critical to have an attorney represent you.

Employers 

If an accident occurs while a driver is working, the employer may be held vicariously liable for the employee’s actions. For example, if a delivery driver or truck driver causes an accident while working, their employer may be partially responsible.

Other Parties

There may be other parties that can be held liable for an accident, such as a bar or restaurant that overserved alcohol to a driver who later caused an accident or an entity who was responsible for unsafe road conditions (like a construction company).

Common Injuries Arising from Car Accidents

Car accidents can result in a wide range of injuries, varying in severity. Some of the most common injuries sustained in car crashes include, but are not limited to:

Head Injuries

Head injuries, such as concussions, traumatic brain injuries (TBI), and skull fractures, are common in high-impact crashes. TBIs can lead to long-term cognitive issues, emotional changes, and physical disabilities.

Whiplash

Whiplash is one of the most common injuries resulting from several different types of car accidents, including rear-end collisions. This type of injury occurs when the neck is suddenly and forcefully jerked back and forth, damaging the soft tissues in the neck and upper back. Symptoms include pain, stiffness, and headaches.

Spinal Cord Injuries

Injuries to the spinal cord can cause permanent paralysis or loss of sensation, among many other life-altering issues. These injuries often require lifelong care and can severely impact a person’s quality of life.

Fractures

Broken bones, particularly in the arms, legs, ribs, and pelvis, are common in car accidents. These fractures often require surgical intervention and extensive rehabilitation.

Internal Injuries

Internal bleeding and damage to organs like the liver, kidneys, or lungs can result from the excessive force of a car crash. Internal injuries may not be immediately apparent, making prompt medical attention critical for proper diagnosis and treatment.

Psychological Injuries

Car accidents can also cause emotional and psychological injuries, including post-traumatic stress disorder (PTSD) and depression. It’s not uncommon for injured parties to struggle with the trauma of the accident long after physical injuries have healed.

Pursuing Compensation After a Car Crash

If you’ve suffered an injury in a car accident, you may be entitled to compensation for your expenses and losses, including medical bills, lost earnings, pain and suffering, and other damages. There are multiple avenues to pursue compensation, including insurance claims, settlement negotiations, and lawsuits.

Insurance Claims

The first step in pursuing compensation is often filing an insurance claim with your insurance company (if you have coverage) or the other driver’s insurer. Many states have no-fault insurance systems, meaning that your insurance company will cover your injuries regardless of who caused the accident. In at-fault states, you must prove the other driver’s negligence to recover damages.

Pursuing compensation from insurance companies, whether your own or the other drivers, can be challenging, so it’s helpful to have the assistance of a seasoned car accident attorney.

Settlement Negotiations

Before having to go through litigation, insurance companies often offer settlements to avoid the cost and unpredictability of a lawsuit and potential trial. Settlements can be beneficial, allowing injured persons to receive compensation more quickly. However, it’s important to consult with an experienced attorney before accepting any settlement offer to ensure that it fully covers your damages for current and future needs.

Filing a Lawsuit

As mentioned, suing may be an option, depending on the circumstances.

For example, if a fair settlement cannot be reached or the insurance company denies your claim, you may need to file a personal injury lawsuit. You will seek compensation for your injuries and other losses in a lawsuit.

While filing a lawsuit can seem stressful and uncertain, the process is made much easier when you have a lawyer handling your case. An attorney can utilize their skill and experience to represent your best interests from beginning to end and do everything necessary to get you the best possible case result.

Steps Involved in a Lawsuit After a Car Accident

If you decide to pursue a lawsuit, it’s helpful to understand what you can expect. While every situation is different, the following steps are generally involved in the lawsuit process:

Consult an Attorney

It’s important to consult with a car accident attorney as soon as possible after your collision to understand your legal rights and the strength of your case. An attorney will assess the facts, investigate the accident, and help decide the best action.

File a Complaint

To initiate a lawsuit, your attorney will file a complaint with the court, outlining the details of the accident and your claims for damages. Your lawyer will then serve the defendant with copies of court documents that serve as notification of the impending lawsuit, and they will have the opportunity to respond, typically within 21 days of service.

Discovery

During the discovery phase, both parties exchange information related to the case, including evidence, witness statements, and expert testimonies. This helps both sides understand the case’s strengths and weaknesses and build their respective cases before negotiations or trial.

Negotiation or Mediation 

Prior to trial, parties often attempt to resolve the dispute through negotiation or mediation.

Negotiations require back-and-forth communications between parties to come to an agreement regarding compensation. In a mediation, a third-party mediator meets with both sides to help facilitate a settlement in a friendly, cooperative manner.

Settling a personal injury case can save much time and money. A majority of these cases are settled before proceeding to trial.

Trial

If parties can’t come to an agreement and a case cannot be settled, it will proceed to trial. At trial, your attorney will present evidence to prove that the other party was responsible for the accident and that you suffered damages. The judge or jury will then render a verdict.

How Can a Car Accident Attorney Help with Your Case?

Hiring a lawyer for your case is one of the most critical steps to protect your rights and put yourself in the best possible position to get the result you deserve. A skilled car accident attorney can significantly impact your overall experience and the outcome of your case. Just some of the benefits of hiring a lawyer include:

• Legal experience: A lawyer will guide you through the complex legal process from start to finish, ensuring your case is handled timely and appropriately. 
• Investigation: Your attorney will thoroughly investigate your accident, gather all pertinent evidence to exhibit the cause and liability, and prove your damages. 
• Negotiation: Experienced attorneys are skilled negotiators who can help secure a fair settlement from insurance companies and other parties. 
• Litigation: If your case goes to trial, a car accident lawyer will represent your interests and fight for the necessary compensation.
• Maximizing compensation: Lawyers can help recover full and fair compensation for your tangible and intangible losses.

Additionally, having an attorney on your side can give you invaluable peace of mind, allowing you to fully focus on your physical and mental healing.

An Experienced Car Accident Lawyer Can Provide Your Legal Options

You deserve to pursue just compensation when you’re hurt in a collision. Suing after a car accident is possible, and in some cases, it may be your best option for obtaining a fair monetary recovery. Don't face the legal battle alone. Reach out to a dedicated car accident attorney today.

Regardless of how you seek financial recovery, proper legal representation is essential. If you’ve been involved in a car crash, consulting with an experienced attorney is an important step on your journey toward justice and compensation. A personal injury attorney is standing by, ready to fight for your rights.

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