Negligent drivers cause most car crashes. Distractions such as texting, speeding, driving under the influence, or failing to yield the right-of-way can result in accidents.
When a driver fails to follow the rules of the road, you can hold them accountable for the damage they cause, which includes your injuries.
The settlement process after a car crash typically begins with filing an insurance claim. Insurance companies assess the damage and liability, and negotiate to reach a fair settlement. If the case cannot resolve, it may proceed to court.
A skilled car accident lawyer can significantly ease this process. They’ll handle the complex legal aspects, including gathering evidence, communicating with insurance companies, and advocating for fair compensation. They can also factor in all medical expenses, lost income, and pain and suffering.
By using their experience, a lawyer will help you achieve the best possible outcome, ensuring that the negligent driver does not leave you to shoulder the financial burden of their negligence.
What are the Most Common Car Crashes that Negligent Drivers Cause?
Negligent driving is one of the leading causes of car accidents. When drivers fail to act responsibly, they put themselves, passengers, and others on the road at risk. Below are the most common types of accidents that negligent drivers cause:
Rear-End Collisions
Rear-end collisions occur when a driver crashes into the vehicle in front of them, often because they are distracted or following too closely. Texting, using a phone, or not paying attention to traffic can lead to these accidents. Tailgating, or failing to maintain a safe distance, reduces the time available to react if the car ahead stops.
Side-Impact Collisions
Also known as T-bone accidents, these occur when one car crashes into the side of another, often at intersections. They frequently occur when drivers run red lights, fail to stop at stop signs, or disregard right-of-way rules. The sides of cars have less protection than the front or rear, making these accidents especially dangerous.
Head-On Collisions
Head-on crashes are some of the deadliest accidents and happen when a car veers into oncoming traffic. This can occur due to drunk driving, falling asleep at the wheel, or distracted driving. These collisions often result in severe injuries or fatalities because of the high impact.
Single-Vehicle Accidents
Negligent drivers sometimes lose control of their cars and crash into stationary objects like trees, poles, or guardrails. Speeding, reckless driving, and impaired driving are common causes of single-vehicle accidents. These crashes can also occur when a driver overcorrects after drifting out of their lane.
Multi-Vehicle Pileups
Driver negligence can also lead to chain-reaction accidents involving multiple vehicles, especially on highways. A distracted or speeding driver may fail to stop in time, setting off a series of collisions. Weather conditions, such as fog or rain, can make these accidents even worse if drivers fail to adjust their speeds.
Pedestrian and Cyclist Accidents
Careless drivers who don’t yield at crosswalks or fail to notice pedestrians and cyclists in shared spaces often cause these accidents. Speeding in residential areas or ignoring traffic laws contributes to these tragic incidents.
Injuries and Medical Care Following a Car Accident
Car accidents resulting from negligent drivers often result in various injuries, ranging from minor to severe. Each type of injury may require specific medical care, depending upon its seriousness.
Whiplash is one of the most common injuries in car accidents, especially rear-end crashes. It happens when the neck jerks back and forth rapidly, straining the tendons, ligaments, and muscles. Symptoms include pain, stiffness, and limited neck movement. Treatment often includes rest, physical therapy, and pain relievers.
Head injuries can occur if a driver or passenger strikes their head on the steering wheel, dashboard, or window during a collision. These injuries often include concussions and other debilitating traumatic brain injuries (TBIs).
Concussions may cause dizziness, headaches, or confusion, while severe TBIs can result in long-term cognitive and physical disabilities. Treatment depends on severity but may include rest, monitoring, medication, or surgery in severe cases.
The force of a car accident can also cause bone fractures, especially in the arms, legs, ribs, and collarbones. For example, the impact of a crash may cause a driver’s leg to hit the dashboard or a passenger’s arm to collide with the door. Broken bones usually require immobilization with a cast or brace, but severe cases may need surgery to repair the damage.
Spinal injuries can lead to chronic pain, nerve damage, or even paralysis. Back injuries like herniated discs can cause intense pain and limited mobility. Treatment options include physical therapy, pain management, or, in extreme cases, surgery.
Flying debris, shattered glass, or sharp objects inside the car can cause lacerations or bruises in an accident. While minor cuts may only need cleaning and bandaging, deeper wounds may require stitches or other medical attention to prevent infection.
Sprains and strains in muscles, ligaments, and tendons from car crashes can cause pain, swelling, and reduced mobility. Treatments include rest, ice, compression, and physical therapy.
What’s the Process of Settling a Car Accident Case?
Settling a car accident case involves negotiating with the at-fault party’s insurance company or, in some cases, filing a lawsuit to get compensation for injuries and damages. A lawyer can handle each step of this process to ensure you get the best possible outcome.
Here’s a breakdown of the steps and how a lawyer helps at each stage.
The process starts when you first meet with an experienced personal injury lawyer. During this initial consultation, you’ll discuss the details of the accident, such as what happened, how the accident occurred, and the injuries you sustained.
The lawyer will evaluate whether you have a strong case and advise you on the likelihood of a successful settlement. If they decide to take on your case, they’ll explain the legal process and what to expect.
Once you retain a car accident attorney, they will begin gathering all of the necessary evidence to support your case. This includes collecting police reports, witness statements, medical records, and photographs of the accident scene and vehicle damage.
If necessary, your lawyer may also consult experts, such as accident reconstruction specialists, to help build a stronger case. A lawyer may take this step to or establish liability and prove the extent of your damages.
After collecting all of the evidence, your lawyer will send a demand letter to the at-fault party’s insurance company. This letter outlines the details of the accident, your injuries, the medical treatment you’ve received, and the financial damages you’ve suffered, including medical expenses, lost earnings, and pain and suffering. The demand letter may also include the compensation you’re seeking. This step often leads to initial negotiations with the insurance company.
In many cases, the insurance company will respond to the demand letter with an offer. Your lawyer will review this offer and negotiate on your behalf. The goal is to reach a fair settlement that covers all of your accident-related damages.
If the insurance company offers an amount that is too low or unfair, your lawyer will continue to negotiate to get a higher settlement.
Once both parties agree on a settlement amount, your lawyer will ensure that the settlement terms are fair and that all expenses are covered. If you accept the offer, your lawyer will finalize the agreement, and you’ll receive the compensation.
Once you accept a settlement, you cannot seek further compensation for the same accident.
If an insurer refuses a fair settlement, your lawyer may advise filing a lawsuit. In this case, they’ll handle all the legal paperwork, represent you in court, and work to win a favorable judgment.
What are Your Options if Your Car Accident Case Doesn't Settle?
Car accident litigation is the legal process of taking a car accident case to court when a settlement cannot be reached through negotiation. A skilled car accident attorney can handle each step of this long and complex process to protect your rights and ensure that you receive fair compensation.
Here’s a look at what happens during car accident litigation and how an attorney helps.
The litigation process begins when your attorney files a formal complaint with the court. This document outlines the details of the accident, the injuries you suffered, and the reasons you believe the other party is at fault.
Your lawyer will file a clear, accurate complaint that meets the court’s requirements. After they file it, they will serve the defendant (the person who caused the car accident) with a copy of the complaint.
After the complaint is filed, both sides begin the discovery phase.
During discovery, each side gathers evidence to support their case. Your lawyer will request documents such as medical records, accident reports, and witness statements. They may also conduct depositions, which are sworn testimony taken from witnesses or experts.
Skilled attorneys know how to ask the right questions and gather the evidence necessary to strengthen your case.
Additionally, your lawyer will continue negotiating with the opposing party in hopes of settling. If they offer a settlement, your lawyer will review it carefully and advise you on whether it’s a fair deal. If the settlement isn’t satisfactory, the case may move forward to trial.
If the case goes to trial, your attorney will represent you in court. They will present evidence, question witnesses, and argue your case before a judge or jury. Your lawyer will work to prove that the defendant is at fault and that you deserve compensation for your injuries and damages.
After the trial, the judge or jury will deliver a verdict. If you win, the court may order the defendant’s insurance company to pay damages.
Throughout the litigation process, a skilled attorney handles each step with legal knowledge and skill, properly managing your case and providing you with the best chance of receiving fair compensation.
Recoverable Damages for a Car Accident
When you are involved in a car crash and file a claim or lawsuit, you may recover financial compensation for your losses.
This compensation covers your damages, including physical injuries, emotional distress, and property damage.
Below are the main compensable losses for which you can pursue compensation:
- Medical Expenses: One of the most common losses is medical expenses. This includes all costs related to your injuries from the accident, such as hospital bills, doctor visits, surgery, physical therapy, and medications. It may also cover ongoing medical care, such as long-term physical therapy or surgeries.
- Lost income: If your injuries prevent you from working, you may be compensated for your lost earnings. This includes the income you would have earned had the accident not occurred. If you cannot return to work for a long period or can no longer work because of your injuries, you may also receive compensation for future lost earnings. This is often determined by your previous earnings and how the injury affects your ability to earn in the future.
- Property Damage: A car accident may damage your vehicle, and you can have additional property losses, such as personal items in the car. Compensation for property damage helps pay for repairs or replacement of your vehicle and any other items that the crash damaged.
- Pain and Suffering: Pain and suffering compensation is awarded for the physical and emotional pain you endure because of your injuries. This can include chronic pain, mental anguish, anxiety, and depression. It is harder to calculate than other losses, but attorneys often use factors like the severity of your injuries and how they affect your daily life to determine the amount.
- Emotional Distress: Emotional distress damages cover the psychological effects of the accident. This may involve anxiety, PTSD (post-traumatic stress disorder), or other mental health struggles that result from the trauma of the collision. Compensation for emotional distress helps you recover from the emotional toll the accident has had on your life.
- Loss of Consortium: If your injuries affect your relationship with your spouse, the spouse may recover compensation for loss of consortium. This refers to the loss of companionship, affection, and sexual relations due to the accident.
- Punitive Damages: In cases involving extremely reckless or intentional actions, you may receive punitive damages. These damages punish the wrongdoer and deter future misconduct.
Speak with an Experienced Car Accident Lawyer Today
If you suffered injuries in a car crash because of another driver’s negligent behavior, a knowledgeable personal injury attorney can guide you through each step of the settlement process.
If the insurance company refuses to compensate you fairly for your losses, your lawyer can then file a complaint in the court system and litigate your case to an efficient resolution.