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The word accident is derived from the Latin verb accidere, signifying "fall upon, befall, happen, chance." In its most commonly accepted meaning, or in its ordinary or popular sense, the word may be defined as meaning: some sudden and unexpected event taking place without expectation, upon the instant, rather than something that continues, progresses or develops; something happening by chance; something unforeseen, unexpected, unusual, extraordinary, or phenomenal, taking place not according to the usual course of things or events, out of the range of ordinary calculations; that which exists or occurs abnormally, or an uncommon occurrence. The word may be employed as denoting a calamity, casualty, catastrophe, disaster, an undesirable or unfortunate happening; any unexpected personal injury resulting from any unlooked for mishap or occurrence; any unpleasant or unfortunate occurrence that causes injury, loss, suffering, or death; some untoward occurrence aside from the usual course of events. An event that takes place without one's foresight or expectation; an undesigned, sudden, and unexpected event.
Accident is not always a precise legal term. It may be used generally in reference to various types of mishaps, or it may be given a technical meaning that applies when used in a certain statute or kind of case. Where it is used in a general sense, no particular significance can be attached to it. Where it is precisely defined, as in a statute, that definition strictly controls any decision about whether a certain event covered by that statute was in fact an accident.
In its most limited sense, the word accident is used only for events that occur without the intervention of a human being. This kind of accident also may be called an act of God. It is an event that no person caused or could have prevented — such as a tornado, a tidal wave, or an ice storm. An accident insurance policy can by its terms be limited to coverage only for this type of accident. Damage by hail to a field of wheat may be considered such an accident.
A policy of insurance, by its very nature, covers only accidents and not intentionally caused injuries. That principle explains why courts will read some exceptions into any insurance policy, whether or not they are expressly stated. For example, life insurance generally will not compensate for a suicide, and ordinary automobile insurance will not cover damages sustained when the owner is drag racing.
Accident insurance policies frequently insure not only against an act of God but also for accidents caused by a person's carelessness. An insured homeowner will expect coverage, for example, if someone drowns in his or her pool, even though the accident might have occurred because someone in the family left the gate open.
Not every unintended event is an accident for which insurance benefits can be paid; all the circumstances in a particular case must first be considered. For example, a policeman who waded into a surging crowd of forty or fifty fighting teenagers and then experienced a heart attack was found to have suffered from an accident. In another case, a man who was shot when he was found in bed with another man's wife was also found to have died in an accident because death is not the usual or expected result of adultery. However, the family of another man was not allowed to collect insurance benefits when he was shot after starting a fight with a knife. In that case, the court ruled that deadly force was a predictable response to a life-threatening attack, whether the instigator actually anticipated it or not.
Different states apply different standards when determining if an accident justifies payment of benefits under workers' compensation. Some states strictly limit benefits to events that clearly are accidents. They will permit payment when a sudden and unexpected strain causes an immediate injury during the course of work but they will not permit payment when an injury gradually results from prolonged assaults on the body. Under this approach, a worker who is asphyxiated by a lethal dose of carbon monoxide when he goes into a blast furnace to make repairs would be deemed to have suffered in an accident. However, a worker who contracts lung cancer after years of exposure to irritating dust in a factory could not claim to have been injured in an accident. Because of the remedial purpose of workers' compensation schemes, many states are liberal in allowing compensation. In one state, a woman whose existing arthritic condition was aggravated when she took a job stuffing giblets into partially frozen chickens on a conveyor belt was allowed to collect workers' compensation benefits.
Insurance policies may set limits to the amount of benefits recoverable for one accident. A certain automobile insurance policy allowed a maximum of only $200 to compensate for damaged clothing or luggage in the event of an accident. When luggage was stolen from the insured automobile, however, a court ruled that the event was not an accident and the maximum did not apply. The owner was allowed to recover the full value of the lost property.
Sometimes the duration of an accident must be determined. For example, if a drunken driver hit one car and then continued driving until he or she collided with a truck, a court might have to determine whether the two victims will share the maximum amount of money payable under the driver's liability insurance policy or whether each will collect the full maximum as a result of a separate accident.
Car Accidents - Who is at Fault?
Fault is one of the biggest, if not THE most critical element, in any car accident claim. The person at fault is the person whose negligence caused the accident, and that is the person who typically must pay for the damage caused by his or her negligence. If the circumstances surrounding your accident make it clear that one person was clearly at fault, then read no further! One of the related articles listed below should be your next stop. If, however, liability is not entirely clear or if there is shared fault, then fault is apportioned between the persons determined by the specifics of the law in your state (see below) on comparative or contributory negligence. When liability is shared in an auto accident, it is the insurer’s turn to determine the relative percentages of fault of the parties involved.
What is Comparative or Contributory Negligence?
Historically, if two people were involved in an accident and the injured party was even the slightest bit at fault, he or she would not be entitled to recover anything for his/her injuries or losses. This way of determining damages is known in legal circles as pure contributory negligence. For example, say Luther and Martin were involved in an accident. Luther hit Martin’s car while making a left turn onto a 2-lane street at night. Luther didn’t see Martin’s car because even though it was night time (and a dark one at that), Martin was not driving with his headlights on. Under a pure contributory negligence theory, Martin could not recover damages for his injuries because he was partially at fault for the accident. Sound pretty harsh? Actually, some states still follow this rule (
But most states now use some proportional form of comparative negligence that allows an injured party to recover some damages for his or her injuries, even if he or she was partially at fault. There are currently three variations: Pure comparative fault; proportional comparative fault at 51%; proportional comparative fault at 50%.
Pure Comparative Fault
In states that have adopted pure comparative fault as a measure of damages, if an injured person is partially at fault for causing his own injuries, his damages are reduced by the percentage of his fault. For example, say Michelle was injured in a car accident for which she was 80% at fault. Damages for her injury amount to $10,000. Michelle will be entitled to recover $2,000 for her injuries, that is, $10,000 less 80% or $8,000 for her percentage of fault. States:
Proportional Comparative Fault at 51%
The states that have adopted proportional comparative fault bar recovery if you are more than 51% at fault for the accident. In other words, you cannot file a liability claim and lawsuit against the other driver’s negligence if you were more than 51% at fault. For example, Dennis hit Teri’s car while driving in excess of 25 miles per hour over the speed limit while Teri was attempting to cross the road. Even though Teri was partially at fault for not waiting until the road was completely clear before crossing, the insurance company allocated fault to Dennis at 60% due to his excessive speed. Even though Dennis suffered a broken arm from the accident, he is not entitled to recover for his injury due to the fact that he was more than 51% at fault for the accident. States: Connecticut, Delaware, Hawaii, Illinois, Indiana, Iowa, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oregon, Pennsylvania, South Carolina, Texas, Vermont, Wisconsin and Wyoming.
Proportional Comparative Fault at 50%
In states that have adopted the 50% bar standard in resolving auto accident claims, an injured person that is less than 50% at fault for the accident is entitled to compensation. If the injured party is 50% or more at fault, he or she is not entitled to recovery for the injury. For example, Richard and Susan accidentally hit each others’ cars while backing out of their parking spaces at exactly the same time. Both were not looking carefully enough when they backed up, and so both were deemed equally at fault for the accident. Neither one will be entitled to damages since both were 50% at fault for the accident. States:
How is Percentage of Fault Determined?
After an accident, it is the job of the insurance company claims adjuster to assign the relative degrees of fault based on the circumstances surrounding the accident. There is no secret mathematical formula for determining percentages of fault in accident injuries. You and the claims adjuster will negotiate and come to some agreement as to what, if any, your allocated fault is. Here is where an experienced personal injury attorney can come in handy. He or she will know how to assess the accident and advocate for the lowest percentage of fault on your behalf. If you and the insurance adjuster reach an impasse, a court of law is ultimately your next step to resolve the issue of fault.
Fault and Car Insurance
Insurance companies often offer extra coverage/protection (for extra money) to help pay for property damage and/or personal injury and medical expenses regardless of fault. So if you are injured in an accident that was mostly your fault and you are not entitled by law to compensation from the other person’s insurance, but you have extra coverage under your own policy, your insurance company will pay for your injuries. This extra coverage is called PIP (personal injury protection) or No Fault coverage. Under this scenario, you would file a liability claim with your own insurance carrier for medical bills and lost income, up to a specified maximum, without any discussion or disagreement about the circumstances of the accident and who was at fault. Whether you can file for further expenses against the other person who was at fault in the accident depends on your state’s laws. In many states, Uninsured/Underinsured coverage is required. This provides coverage for damages resulting from an accident with someone who either has no insurance or does not have enough insurance to cover your expenses. It also protects you if the other person flees the scene after the accident or is a driver of a stolen car.
Beyond the damages suffered, the degree of fault is probably the most important factor in determining how much you may finally recover for your accident injury. In most cases, both you and the insurance company will know (by the circumstances surrounding the accident) the level of fault for both parties. Was the other party completely at fault? Mostly at fault? Or only a little at fault? If you are in a comparative fault state, an adjuster will reduce your recovery amount by your percentage of comparative fault. If you were only 10% at fault, your damages total will be reduced by 10%. Your recovery will not be reduced by any amount if the accident was clearly someone else’s fault.
Car Accidents Involving Government-Owned Vehicles and Government Workers
It is difficult to sue the government—federal, state, city or town, county—but it can be done. A government entity enjoys protection under a doctrine known as “government immunity” or “sovereign immunity” (both terms are used interchangeably). The laws over the years have established the situations where you can sue (and cannot sue) the government, including personal injury accidents caused by a government employee.
To put this in perspective, in most cases you have a right to sue the person legally responsible for injuries you suffered in a traffic accident. You are entitled to be made whole by the wrongdoer, which means to be paid for your medical expenses, associated damages, and property damage (or to have damaged property replaced). However, in dealing with government and government officials such as a police officer, a firefighter, an ambulance driver, a mail carrier, etc., you may find yourself holding the bag in the event of an accident, even if you were not in the least at fault.
Sovereign (or Governmental) Immunity
Incidents involving government vehicles are governed by the Federal Tort Claims Act. The FTCA provides a limited waiver of the government's sovereign immunity when it's employees are negligent within the scope of their employment. The government can only be sued "under circumstances where the
Governmental Immunity and Car Accidents
One of the more common exceptions to government immunity (where the government may be liable for its actions) is vehicle liability, when government employees are involved in auto accidents. These typically include emergency vehicles, such as police car pursuits, fire trucks rushing to a fire, or ambulances rushing through intersections to get to the hospital. Non-emergency accidents are also possible, like being rear-ended by the public school bus or side-swiped by a city public works landscape truck.
Government immunity laws in accident cases differ from state to state. The threshold for proving driver responsibility and fault is significantly higher when you’re suing the government (such as proving gross negligence) than what is required in a typical accident case involving a private individual. Cases involving emergency vehicles are even more complicated. The rules are typically different when a real emergency is involved. In real emergencies, the government is given great latitude to respond. But the level of latitude can also differ depending on whether or not the emergency vehicle had its sirens and lights on in a way that allows the emergency crew to respond while preserving the public’s safety.
If you collided with a mail truck and the mail carrier was at fault, you would sue the
Filing a Vehicle Accident Claim Against the Government
If you are seeking compensation from the government for damages caused by one of its employees, you will likely need to file an administrative claim with the government entity (city, county, state or federal) first. Most government entities give very little time in which to do this, usually between 30-180 days. Don’t miss this deadline or you may lose your right to recover for your damages. Some government units have a claims form that you can fill out and return to the clerk’s office of the government agency responsible for your accident. You may have to plug in a dollar amount on the claim form to settle your claim. If you must give a settlement figure, be sure to carefully calculate all the damages you may be entitled to recover as you may be limited to that amount in any future lawsuit. You will be sent a letter if your administrative claim is denied. You can, however, still sue the government in a court of law. The letter will tell you how much time you have to file a lawsuit.
Lawsuits against the government are complicated and involve all sorts of technical procedures that must be followed and deadlines that must be met. If you are considering suing the government, the most prudent thing to do is to first consult with an experienced car accident attorney
Personal Injury Auto Accident Checklist: Document Your Pain and Suffering Claim
It’s very difficult to keep a cool head after an auto accident. Gathering evidence, talking to witnesses on the scene, taking photographs and taking down important information is the last thing you want to deal with following a jarring and perhaps traumatic event. However, if you want to make sure you are covered, and ultimately compensated, for all of the damage done, you will need to keep track of the facts, the paperwork, and the people involved.
Following is a checklist of information you will need to help support the duration and depth of your personal injury/pain and suffering claim. You can use this checklist to organize your information, information you will ultimately use to discuss your claim with an insurance company or to hand over to an attorney.
The Accident
Driver information: Obtain and exchange information with all other drivers such as name, license number, tag number, insurance company name, policy number.
Photographs: Take photographs of your injuries, the damage to all vehicles and of the scene of the accident in general.
Police report: Get a copy of the accident report if police responded.
Witnesses. Keep a record of all names, addresses, phone numbers and email addresses.
After the Accident
Medical expenses. Log all office visits, prescriptions, over-the-counter medications, laboratory services, physical therapy, hospital visits, treatments, medical documents, and x-rays, including names, dates of visits, amount charged and reasons for seeing the medical providers.
Lost work time: Keep a log of all time taken off from work as a result of the accident, including time off for medical treatments and/or the inability to function properly at work due to your injuries. Get a letter from your employer verifying pay and lost time.
Lost school time. Document all lost school time and/or inability to continue with school work as you did before the accident.
Photographs: Continue to take photographs of your injuries at different times after the accident. Write the date on the back of the photo.
Witnesses. Contact them for a written statement before too much time lapses.
Pain, discomfort, emotional distress, fatigue, tenderness, inconvenience, etc.: Keep a daily log of your thoughts, feelings and experiences on a day-to-day basis, documenting how the injuries have interfered with your daily life and relationships.
Car repair estimates and/or bills: Car repair estimates are necessary to get your car fixed. However, estimates provided by your insurance company can sometimes be lower than you might have expected. If unsatisfied with an initial estimate, take the automobile to a certified mechanic for another estimate. Be sure to save all of the bills and repair paper work associated with the repair.
Out of pocket expenses: Keep records/receipts of everything you’ve paid for out-of-pocket relating to or as a result of injuries suffered in the accident. For example, heating pads, ace bandages, child-care expenses, cancellation of a vacation trip or event, clothing, taxi service or rental car, etc.
What You Need to Know:
Seek medical attention immediately after an accident!
Do not admit fault immediately after the accident.
Diligently follow through with all medical treatments.
Do not answer any questions from the other side’s insurance company or attorney or sign any forms without approval from your attorney.
Do not settle your case until all necessary medical expenses, present and future, are known.
Keep copies of everything (all documents, bills, medical records, etc.).
Anatomy of an Auto Accident Insurance Claim
An auto accident insurance claim always begins with an accident. If you are involved in a car accident, there are some very important things you should do at the accident site to the extent you can. At the first opportunity, you should report the accident with your insurance carrier and begin the process of filing a claim. After you have submitted your claim, a claims adjuster (someone who works for the insurance company and deals exclusively with claims) will either call, write or email you regarding your claim. He or she will then look at your policy to determine the types of coverage you have, deductibles, and any coverage limits that may affect your claim.
If your claim is simple (i.e., fault is not at issue, the damage was minimal, and little or no medical treatment was necessary), the adjuster may have you get an estimate for repairs and then send you a check. You will have to fill out some paperwork, but you may not have to meet with the adjuster in person. If your claim is more complicated (for example, liability is unclear, you do not have enough coverage in your policy, or you do not agree with your adjuster’s settlement offer), then the negotiation process will take longer.
Investigating Your Automobile Accident Claim
In relatively complicated injury accident claims, adjusters typically must do some investigation in order to adequately assess the insurance company’s liability. The adjuster will comb through your policy and possibly contact witnesses to the accident, the other party to the accident, look at the police report if there is one, take photographs of the damages and scene of the accident and generally investigate your medical expenses by sending out requests to your medical providers for information regarding your treatment. If you are seeking to have medical bills covered, the adjuster will send you a medical authorization form for the release of your medical records.
The Settlement Offer
Once the adjuster has investigated your claim and looked at your policy, he or she will typically send you a settlement offer. The settlement offer will tell you what the insurance company is willing to pay on your claim. It could be all, it could be part, it could be none. This opening offer is typically on the low side. After all, the adjuster’s job is to save his or her employer money. But the adjuster also wants to close a case and thus is typically allowed a settlement range that offers room for negotiation..
The Demand Letter
If you are confident about how much you think your claim is worth, you can preempt the adjuster’s settlement offer with your own settlement proposal (demand letter). Your demand letter would outline fault (if an issue), damages and ask for a certain amount to settle your claim.
Negotiating with the Claims Adjuster
If you've already received an opening offer from the adjuster, keep in mind that opening offers for settlement are almost always on the low side. Whether or not you think the offer is reasonable, read When the Adjuster’s Settlement Offer is Too Low for more information on how to evaluate that opening offer. Then, unless you're willing to go with that opening offer (knowing that it's too low) without an argument, you will ultimately need to negotiate with the adjuster for a higher settlement..
If Your Auto Accident Claim is Denied
If your claim is denied in whole or in part, there could be many legitimate and reasonable reasons. Most have to do with limits in your coverage. You can check the denial letter against your policy to see if the denial seems legitimate or not. If you still think your claim was unfairly denied, read When Your Car Insurance Claim is Denied for more on what you can do next. But whatever you decide to do, don't wait too long to do it. If you sit on your claim for too long, you may lose the right to sue in court to get your recovery. Each state has a statute of limitations (a time limit for filing a lawsuit in court). In most states, the statute of limitations for personal injury claims is 2 or 3 years, but could be shorter or longer. An attorney will be able to advise you.
What You Can Expect to Recover for Property Damage in Auto Accident Cases
In the car insurance world, property damage is defined as damage to your vehicle (car, truck, SUV, etc.). The types of coverage that will pay for damage to your vehicle include collision, comprehensive, and sometimes, depending on the company, uninsured/underinsured motorist.
What You Can Recover
When your car is damaged in an automobile accident and you have coverage, your insurance company will either pay for repairs or “total” your vehicle. When an insurance company totals a vehicle, the vehicle is considered a complete loss and the insured is paid cash value for the vehicle. The actual cash value (ACV) is the cost to replace the vehicle with a vehicle that is of like kind and quality, etc., subtracting an amount that accounts for the totaled vehicle's depreciation (age and wear and tear).
While it may seem like your car would have to be a complete wreck, a smoking heap, to be deemed totaled, in fact, this determination is made more on the basis of the cost of repair and the car’s worth. A car will be considered totaled if the repair costs exceed a certain percentage of the car’s worth. The percentage will differ from company to company, but usually ranges from 51% to 90%.
What To Do If You Disagree That Your Car is Totaled
Once your car is deemed totaled and you are paid actual cash value for it, your car is taken to a salvage yard where it is auctioned off. Then it is usually chopped up for parts. If you love your car, actual cash value may not seem like an equitable deal to you. When you sign a contract with your insurer, it is agreed between the two of you that the insurer will not have to pay out more than the car is actually worth. But the insurer also agrees to make you whole by placing you in the same spot (relatively speaking) as you would have been without the accident.
If you really want to keep your car, you can take the actual cash value from the insurance company, minus deductibles (in your policy) and minus what the insurer would have gotten at the salvage yard. You can then keep your car and make the repairs yourself. If you decide on this route, let the claims adjuster know right away. Once the car has gone to auction, it is much harder to get it back.
AAA Study Shows Aggressive Driving Accounts For 56% Of Fatal Crashes
A new study released by AAA’s Foundation for Traffic Safety (AAA) shows that 56% of fatal crashes are due to aggressive driving behavior such as speeding; failing to yield; reckless, careless or erratic driving; failure to obey traffic signals and making improper turns.
Details of the study
AAA researchers looked at numerous studies and data detailing traffic accidents over the past few years and found that 56% of fatal crashes involved some sort of aggressive driving. Although they didn’t tackle road rage, they provided several definitions of aggressive driving. One, from Tasca, defined it as, “A driving behavior is aggressive if it is deliberate, likely to increase the risk of collision and is motivated by impatience, annoyance, hostility and/or an attempt to save time.”
According to data from the National Highway Transportation Safety Administration (NHSTA) Fatality Analysis Reporting System (FARS), those behaviors are likely to manifest themselves as:
- Following improperly
- Improper or erratic lane changing
- Illegal driving on road shoulder, in ditch, or on sidewalk or median
- Passing where prohibited by posted signs, pavement markings, hill or curve, or school bus displaying warning not to pass, passing on wrong side, passing with insufficient distance or inadequate visibility or failing to yield to overtaking vehicle
- Operating the vehicle in an erratic, reckless, careless, or negligent manner or suddenly changing speeds
- Failure to yield right of way
- Failure to obey traffic signs, traffic control devices, or traffic officers, failure to observe safety zone traffic laws
- Failure to observe warnings or instructions on vehicle displaying them
- Failure to signal
- Driving too fast for conditions or in excess of posted speed limit
- Racing
- Making an improper turn
In some cases, AAA says that drivers exhibited more than one of the above behaviors that led to a traffic fatality – and that drunk driving was a factor in over a third of the cases reviewed.
However, increased awareness of the dangers of drinking and driving – as well as an increase in seatbelt use – has helped to decrease the number of fatalities
What does it mean to you?
As interesting as these facts are, what do they mean to you? The answer is that many states have laws that specifically prohibit aggressive driving. Contact experienced car accident attorney to determine if you have a personal injury case, the strength of your case and what compensation you might be entitled to.
Auto Accidents & Cell Phone Use: Lawsuits on the Rise
Who isn't talking on their cell phone while driving these days? Not many – with the exception of a few employees whose employers have paid multi-million settlements after they hit someone while driving and talking on their cell phones – while working. With cell phone usage increasing in the work environment, litigation in this area is definitely on the rise.
The law
While every state has its own law on cell phone use and driving, most states allow lawsuits against those employers whose employees cause an accident while they are talking on their cell phones. Generally, the employee must be working in order for the employer to be held liable, but it typically doesn't matter if the employee is using a company issued cell phone – or their own.
Latest settlement figure is staggering
The latest settlement figure involving an auto accident that occurred when an employee was on a cell phone is staggering - $5.2 million. It involved an employer who paid the $5.2 million to settle a lawsuit after one of its employees allegedly ran someone off the road and later had to have her arm amputated.
The dangers of cell phone usage and driving
According to a recent study from the Cellular Telecommunications & Internet Association (CTIA*), over 254 million people had cell phones as of February 2008. To put that in perspective, the number of cell phone users in 1990 was only 4.3 million. The CTIA study says that there are two dangers associated with driving and cell phone use – including text messaging:
- Drivers must take their eyes off the road while dialing.
- People can become so absorbed in their conversations, that their ability to concentrate on the act of driving is severely impaired, jeopardizing the safety of vehicle occupants and pedestrians.
In fact, so many accidents occurred – and subsequent lawsuits filed – that five states, California, Connecticut, New Jersey, New York and Washington now ban handheld cell phone usage while driving altogether.
If you've been injured in an automobile accident and the other driver was using a cell phone, contact an attorney to discuss your situation. Consultations are free, without obligation and strictly confidential..
What Is Your Car Accident Injury Claim Worth?
The best way to determine how much your injury claim is worth when you are injured in a car accident is to look at how an insurance company would value your claim. An insurance carrier will first look to the types and amounts of damages suffered and then to percentage of fault.
Types of Damages You May Recover
The types of damages an insurance company will typically pay for include the following:
Medical Expenses: This includes medical expenses incurred to treat an injury, such as doctor’s visits; hospital expenses; emergency room expenses; fees for chiropractic care; physical therapy; and any type of medical devices that may be needed for your recovery, such as neck braces or crutches. These expenses are recoverable if they result from your injury. The cost of a medical examination done for the purposes of litigation is generally not recoverable. If you are able to guesstimate how much your overall medical treatment will cost, you and your attorney may well be able to ballpark how much your entire claim is worth. Medical expenses are typically used as a benchmark for determining the reasonableness of damage awards.
Future Medical Expenses: These are recoverable if the injured party can show that he or she is likely to need continued medical care as a result of the accident or injury. This amount may be determined by the advice and opinions of your doctors and/or other medical specialists seen for treatment.
Pain and Suffering: Pain and suffering damages may be granted for physical pain resulting from an accident or injury. A jury will look to the nature of the injury, the severity of the pain, and how long the plaintiff is likely to be in pain to determine the damage amount to be awarded.
Mental Anguish: Recovery for any type of mental or emotional distress suffered as a result of an accident or injury. This could include apprehension, fright, anxiety, nervousness, worry, loss of dignity, humiliation, grief, shock, and/or embarrassment. If the injured party has been disfigured by the accident/incident, mental suffering is recoverable for this type of emotional injury.
Lost Wages: You may recover the amount of money you would have earned between the time of the injury to the time of a judgment or settlement had you not been injured. If you were unemployed at the time of injury, you may still recover lost wages if you can effectively show what you could have earned during that same period.
Loss of Earning Capacity: You may recover damages for lost earning capacity if you can show that your ability to earn money in the future has been impaired. Past earnings will be used to determine an appropriate damage award, but a jury will likely focus on what might have been earned had the accident or injury not occurred.
Loss of Consortium: This relates to the loss of the benefits of married life when one spouse is injured. The uninjured spouse makes the claim and only has a chance of recovering if the injured spouse succeeds in recovering damages. Sometimes, however, the injured makes the claim as well. Married life benefits, the loss of which recovery is based, include companionship, affection, comfort, solace, help, and sexual relations. When determining the value of the loss, a jury will look to the stability of the marriage, the couple’s individual life expectancies, how much care and companionship were given to the uninjured spouse, and the degree to which the above-mentioned benefits were lost.
Property Damage: Recovery for the value of property that was damaged.
Amount of Damages You May Recover
An insurance company typically looks first to how much money has been spent and/or lost by the injured person when determining recovery. You may expect to recover any money spent or lost as a result of your injury. There are damages, however, that are harder to place a dollar value on. This includes pain and suffering or mental anguish. An insurance company may use a formula to ascertain what an appropriate damage amount might be for these types of claims.
The formula might work like this: First, the insurance company’s adjuster adds up the total amount of medical expenses relating to the injury. These damages are referred to as “medical special damages,” or “specials.” This base amount is then used to calculate the “general damages,” such as damages for pain and suffering, emotional damages, or other non-monetary losses.
Next, if the injuries are relatively minor, the adjuster will at most double the amount of special damages. If the injuries are more serious or painful, the adjuster may multiply specials by up to 5. In extreme cases, the adjuster may even multiply by up to 10.
After the adjuster adds on damages for lost income, an amount from which to begin negotiations is then ready to present.
How Fault Affects Your Recovery
Beyond the damages suffered, the degree of fault is probably the most important factor in determining how much you may finally recover for your injury. In most cases, both you and the insurance company will know (by the circumstances surrounding the accident) the level of fault for both parties. Was the other party completely at fault? Mostly at fault? Or only a little at fault? An adjuster will reduce your recovery amount by your percentage of comparative fault. If you were only 10% at fault, your damages total will be reduced by 10%. Your recovery will not be reduced by any amount if the accident was clearly someone else’s fault.
Fault and No-Fault Car Accidents: Who Pays the Bills?
Determining fault in a car accident is generally determined by the state in which the accident occurred. State laws vary significantly, so it is important to contact an experienced lawyer to determine whether the state has a fault or no-fault based system.
Fault states. Most states have adopted a fault-based, or “tort liability,” system of auto insurance. In a fault-based system, insurance companies pay according to each party’s degree of fault. If you and your insurer don’t see eye-to-eye on your claim, you may have to file suit for uncompensated economic damages such as lost wages and medical expenses and non-economic damages such as pain and suffering.
No-Fault States: Because the tort (lawsuit) system has led to long and costly court battles over who was at fault and to what degree, policymakers in many states decided to change from a fault-based system to some form of a no-fault system.
Under no-fault automobile insurance laws, the good driver does not have to prove that the crash was somebody else’s fault before getting his money. His insurance company picks up medical bills, rehabilitation costs and lost wages up to the amount he purchased. The tradeoff is the injured person cannot sue the other driver for pain and suffering, emotional distress and inconvenience. (If you live in a no-fault state, the no-fault portion of your auto insurance policy is usually called PIP or Personal Injury Protection.)
At present, there are 12 states that have no fault insurance:
No-Fault States:
When it comes to physical damage to your car or its contents, unlike compensation for bodily injury claims, insurance claims are still based on fault. Those claims are handled in the same way as those in a state with a fault law: by filing a lawsuit against the bad driver or looking to your own collision insurance.
Lawsuits, however, are permitted for injuries meeting a certain threshold, the definition of which varies considerably among the no-fault PIP states. An injured person can sue if the claim exceeds either a monetary or verbal (descriptive) threshold. In monetary threshold states (see below), medical expenses must be over a certain dollar amount. In verbal (descriptive) threshold PIP states (see below), injuries must be relatively “severe” (significant loss of use of body part, disfigurement, permanent disability, bone fracture) or expressed in terms of length of disability (full disability over 180 days). Some states have both, in which case an injured person can file a liability claim if he meets either one.
Because of the different hybrids in the PIP packaging, whether you can file an injury liability claim really will depend on the specifics of your state’s no-fault automobile law. Your best first step is to contact a car accident attorney to discuss how the relevant state law looks at fault and how that law affects your right to recover damages.
States with Add-On Coverage: To complicate matters, some states have “add-on” no-fault automobile insurance laws. “Add on” allows the driver to purchase personal injury protection as an optional coverage. The plan pays benefits to the injured without regard to who caused the accident, but the driver can sue (and be sued) for accident-related injuries and pain and suffering. The following are “add-on” states:
Arkansas
Delaware
D.C.
Maryland
THRESHOLDS: As stated above, no-fault car insurance limits your ability to sue another driver, except under defined thresholds. The threshold–which varies widely from state to state–may be expressed in a verbal description of the seriousness of the injury or a specific dollar value. If you meet the threshold requirements, you may sue to recover damages for pain and suffering.
States with Monetary Thresholds: In the following 7 states, the injured person’s medical expenses must exceed a dollar threshold before taking their injury liability claim to court:
North Dakota
States with Serious Injury Thresholds: In the following states, you can file a liability claim if you are at least relatively seriously hurt. The criteria of seriousness can be expressed in terms of a written description (e.g. permanent disfigurement, scarring, or fractured bones) or expressed in terms of length of disability (e.g. disability for more than 60 days).
Injuries that qualify as serious are defined by each state’s law. The states that use severity as a threshold are:
Choice States: In these 3 states, the driver chooses to have a policy based on no-fault or the tort-based system where the policyholder retains litigation rights for accident compensation.
RELATED CASES
The most notorious accidents in American history have accounted for relatively few deaths compared to the lives lost from everyday injuries.
Great
Triangle Shirtwaist Company Fire (25 March 1911). Just minutes before quitting time, employees of a
American Airlines Flight 191 (25 May 1979). Shortly after taking off from
Exxon Valdez Oil Spill (24 March 1988). A reportedly inebriated and fatigued crew ran an oil tanker, the Exxon Valdez aground in Alaska's Prince William Sound, dumping 11 million gallons of oil into the water and devastating local wildlife. Exxon spent $2.2 billion on the cleanup effort and twelve years later declared the environment "healthy and robust." The National Oceanic and Atmospheric Administration reported that the area had made a remarkable recovery but remained an "ecosystem in transition." While the accident was the worst of its kind in American history, it has since dropped off the list of the world's 50 largest oil spills.
FREQUENTLY ASKED QUESTIONS(FAQ's)
Can I recover punitive damages if the "accident" was really intentional?
What happens if I'm sued for causing a car accident and I don't have insurance?
Can a passenger recover damages for accident injuries caused by the driver?
I was in a car accident. Who is going to pay for my property damage and medical bills?
What kind of compensation can I qualify for after a car accident?What should I do after a car accident?
Whom do I contact after an auto accident?
If I'm involved in a car accident, do I have to tell the insurance company about it right away or can I try to handle it on my own?
What if I see a car accident?
My husband was driving during the car accident and I was injured. Can I sue him?
Do I need to contact an attorney after a car accident?
I was injured in an accident with a rental car, and the driver was not on the contract. Can I get the rental agency to pay?
If I own a car, do I have to buy insurance?
May I be treated by my own doctor if I'm hurt in a car accident? What if I want to see a chiropractor for my injuries?
I had an injury accident while driving a rental car. Who pays for my injuries?
If I go to court for my auto accident claim and I lose, do I have to pay their costs?
What if I am involved in a car crash with an uninsured driver?
ANSWERS
Can I recover punitive damages if the "accident" was really intentional?
When an "accident" involves intentional wrongdoing, the victim may be entitled to punitive damages - which are awarded to punish the wrongdoer. For example, if someone hits your car in a parking lot, that act is assumed to be an accident and you may be compensated for the actual damages relating to the accident. However, if it is later discovered that the person hit your car on purpose, you may be entitled to punitive damages above and beyond compensation for the damage to your car and/or any personal injuries you may have suffered.
What happens if I'm sued for causing a car accident and I don't have insurance?
You need to personally arrange for the defense of any lawsuits against you. This usually involves hiring an experienced car accident attorney who can advise and defend you in court. You will have to pay the attorney's fees and other court related costs, even if you ultimately are found not to be legally responsible for the accident.
If you are found to be liable for damages, a judgment will be entered against you by the court for a specific sum of money. If the injuries are severe or the damages are extreme, the judgment could be a very large sum of money, potentially hundreds of thousands of dollars. If you fail to pay or are unable to pay the full amount of the judgment, the winning party may sue to collect from you. If you don't have car insurance, now is the time to protect yourself and buy an auto insurance policy.
Can car accident claims be pursued under other laws?
Car accident claims affect many other legal areas, such as personal injury, wrongful death and property damage. A personal injury claim involves an injured person seeking compensation for their lost wages, medical bills and expenses that result when another person caused the injury. A car accident that causes any type of injury is considered a personal injury. A wrongful death claim is a type of personal injury where a death is caused by another; an example would be when someone is killed by a drunk driver. A property damage claim is another type of personal injury where the damages sustained were to a property instead of an individual. A personal injury attorney will explain your legal options and rights after an automobile accident.
I was in a car accident. Who is going to pay for my property damage and medical bills?
The answer to this question depends on your own financial resources and the circumstances of the accident.
Typical sources of compensation for damages sustained in a car accident include:
(1) Out-of Pocket - When the damages sustained are minor and do not cost a lot of money, paying for the loss "out-of-pocket" should be considered. There is no third party involvement when you pay for your own loss, no long investigation, no change in your insurance and generally less hassle. When your losses exceed what you can handle, other sources of compensation should be explored.
(2) Your Car Insurance Company - Whether your insurance will compensate you for your loss depends on your insurance contract. In many contracts, there are considerations for both the first party (you and your vehicle) and any third parties (passengers, other drivers and their property). Some contracts provide medical coverage for personal injury of the insured and your passengers. The policy may pay for collision repairs and possibly for a car rental while your damaged car is being fixed. Before making a claim with an insurance company, many people consider whether it will be less expensive for them to pay for the loss "out-of-pocket" before relying on their insurance, because accident payments could raise your premiums. The potential of increases in your premium must be balanced against your ability to pay "out-of-pocket," including any deductibles. The larger the loss, the more likely you are to want recovery from your insurance company.
(3) Your Health Insurance Provider - You may have private health insurance or belong to an HMO (Health Maintenance Organization). In the event of a personal injury from a car accident, you can ask your health insurer to pay for medical treatment. Sometimes, private health insurance plans or HMOs require you to seek recovery from your auto insurance company before the health organization will pay or provide medical treatment.
(4) Other People Involved In the Accident - In addition to the three sources above, you may be able to seek recovery from other people who were involved in the accident. Your ability to recover money from another driver may be limited by the laws of the state in which the accident occurred (not necessarily the same state where you live). The state where the accident occurred may have a "no-fault" law where each person involved in an accident pays for their injuries through their own insurance, or a "fault" law, where the party "at fault" or who caused the accident pays for damages. If you are "at-fault" for an accident that occurred in a "fault" state, contact your insurance company. It is the company's job to defend you in court or to negotiate a settlement. When the other party is at fault in a "fault" state, you would seek compensation from their insurer in that case, or your insurer would seek compensation from their insurer.
Can a passenger recover damages for accident injuries caused by the driver?
Most states allow a passenger to recover against the driver if he or she was negligent in the accident. If the other driver was negligent, the passenger can bring a lawsuit against that driver. An experienced car accident attorney will be able to determine who can, and cannot, be sued
What kind of compensation can I qualify for after a car accident?
Millions of car accidents occur each year injuring people and damaging property. Where an accident is minor, many people simply file police reports, inform their insurance company, but pay the losses out of their own pocket. However, when an accident isn't minor, it's important to realize that you can be compensated not only for the damage to your vehicle, but for other damages as well.
If you're injured in a car accident, you'll likely incur expenses related to the accident such as medical treatment, rehabilitation, renting a car or using a taxi while your car is being repaired. It's likely that while your expenses increase, you may lose income due to your inability to work. In addition, you may also lose the ability to perform various activities of normal daily living, in both the short and long term, and may also endure pain and suffering as a result of the accident.
You can be compensated for these types of injuries and expenses. Generally, auto accident victims seek what are known as compensatory damages. These are intended to "make you whole again" and place you back in the same position you were before the accident occurred. There are two types of compensatory damages - economic and non-economic. Economic damages are awarded for those "out of pocket expenses" that you've incurred, while non-economic damages are awarded for any "pain and suffering" you may have experienced. Both types may be available to auto accident victims.
In addition to normal compensatory damages, in extreme cases punitive damages may be available, if the injury was the result of the other driver's reckless or irresponsible behavior, or if the accident or the injury was caused by something about the car that is dangerous or defective that the manufacturer should have corrected.
If I'm involved in a car accident, do I have to tell the insurance company about it right away or can I try to handle it on my own?
Most policies require that you give "prompt notice" of any car accident or loss. If you drag your feet before reporting the claim and the delay prevents the insurance company from investigating thoroughly or taking other action, the company may deny the claim outright or lessen the amount it pays.
If you try to settle a claim yourself, you may do or say something which could make it more difficult for the insurance company to settle the claim later. That may jeopardize the terms of your policy, and again the company may deny the entire claim or lessen the amount of money you get
What should I do after a car accident?
Call 911 for police and medical help. When everyone is out of danger, gather and write down as much information about the accident as you can:
(1) Names, driver's license numbers, contact information (at least home address and phone number) and insurance information for all drivers.
(2) Whether any of the drivers appeared to be under the influence of alcohol or drugs, the effects you observed (such as slurred speech) and any witnesses to those effects. Witnesses are important because after any substances wear off, it will be your word against the driver's.
(3) Names and contact information for all passengers, all pedestrians, and all witnesses, for example, the storekeeper who saw the whole accident from across the street.
(4) Any and all statements you hear about the cause or consequences of the accident. Did anyone say "I'm not hurt?" Did anyone take responsibility for the accident, even partially, by saying "I wasn't looking either," "I was distracted," "I wasn't wearing my glasses," "I spilled my coffee," etc.
(5) Location, date, and time of the accident.
(6) A detailed description of the accident, including which direction the vehicles were going before the accident, the weather and related conditions (fog, rain, night, ice), what happened, any injuries, what was damaged, and what the police did, especially if they issued tickets or gave a sobriety test. Drawing a diagram can help clarify what happened.
(7) Any problems with vehicles not caused by the accident, such as bald tires or a burned out headlight.
(8) Contact information for police at the scene.
Whom do I contact after an auto accident?
The law of the state where the accident happened determines what reports must be made after a car accident. Typically, reports should be filed with police, your insurance company, and the Department of Motor Vehicles (DMV).
(1) Police or other law enforcement - If the accident causes a personal injury or when property damage exceeds a certain dollar amount, such as $500, you are required to report the accident to police. Officers may take reports over the phone, but sometimes you have to make those reports in person at the police station.
(2) Insurance company - Most auto insurance companies require their policyholders to promptly report a car accident. The time frame can be VERY short and failure to notify the insurance company within that time frame may result in a denial of coverage. Check your insurance policy to see what notice requirements apply to you.
The insurance company will want all of the basic information to help its investigation - and sometimes may want a recorded statement. However, it may be prudent to contact an attorney before giving a recorded statement - especially if you believe that the insurance company is recording the information in order to deny your claim.
(3) Department of Motor Vehicles ("DMV") - State DMV offices usually keep accident reports on file. For example,
My husband was driving during the car accident and I was injured. Can I sue him?
Many states allow one spouse to sue the other for bodily injury or damages; however, check your insurance policy first as it may not allow for claims from one family member to another.
I was driving a company car when I was injured in an accident. Who pays for my medical bills?
If you were injured in a car accident while driving a company car on business, you may be covered by more than one policy. Assuming your employer carries medical coverage on the company car, the employer is likely responsible for paying your medical bills up to the company's policy limits. Additionally, your own auto insurance policy probably includes medical coverage, and that would cover your medical bills or the balance of your bills not paid by your employer’s auto policy. However, some policies will not cover your medical expenses if there is other coverage available, such as the employer's insurance.
In a "fault" state, if another driver was responsible for the accident, you can make a claim against that driver's car insurance company.
Finally, if you were on company business while driving, you may be able to make a worker's compensation claim.
Consult an auto accident attorney for advice on the laws in your state, your legal options, and how best to get your medical expenses reimbursed.
What if I see a car accident?
If you witness a car accident and there is an injury, immediately call 911. Make victims as comfortable as possible, but do NOT move them. Moving an injured person can turn a minor injury into a serious one. Give your name to the police and to the parties involved in the accident. Make notes about what you personally saw. You may be called on to reconstruct the accident later; for example, by giving a recorded statement to an insurance company. In most circumstances, being a witness will not take much time and your information helps make the roads safer for everyone.
| If I own a car, do I have to buy insurance? |
I was injured in an accident with a rental car, and the driver was not on the contract. Can I get the rental agency to pay?
If agents knowingly rented to an unauthorized driver, the rental company may be liable for your injuries. But agencies are usually quite strict about getting the names of all potential drivers onto the contract.
The other driver should have his or her own car insurance coverage, and you can make a claim against that policy.
If you have uninsured motorist coverage, you may be able to use that to pay for your injuries.
Ask an auto accident attorney for advice on your specific situation.
Do I need to contact an attorney after a car accident?
Generally speaking, it depends on what happened and what injuries were suffered, and to whom. If you and your family members have not been hurt, the answer is probably no. If you or anyone you care about has been injured in the car accident, especially if there is any permanent injury, or significant time is lost from work or school or household duties, then you’ll want to see a lawyer about possibly representing you in a claim against anyone else who may be responsible for your injuries. However, even if you’re not injured, don’t entirely rule it out as the facts and circumstances surrounding car accidents are always different. It is important to look at the degree of the car accident and use your best judgment. A simple fender bender where no occupants are hurt can usually be appropriately handled through your insurer. Anything other than that deserves a bit more thought – especially in this litigious environment.
When to run to an attorney and when to walk. Contacting an attorney who deals with personal injury (especially relating to auto accidents) can provide you with the peace of mind that no stone gets left unturned. Here are some tips for when you should run to an attorney and when you can just walk:
Run to an attorney when:
- An injury has occurred where there has been serious injury (broken bones / hospitalization) or where injuries are likely to be permanent (paralysis);
- A death has resulted from the accident;
- Fault is clearly an issue;
- Other parties were involved such as pedestrians or other autos;
- The accident occurred in a construction area;
- A police report does not accurately describe the accident and puts you at fault;
- Important technical, legal or medical issues are involved;
- The limits of your liability insurance are low,
- You have no insurance,, or your insurance company suggests that you did not pay your premium.
- Your insurer starts “acting funny.”
- Your insurer involves its own attorney (in this case, sprint!).
Walk to an attorney when:
- Seeking advice on the settlement value of a claim (while not an exact science, attorneys may be able to provide best and worse case scenarios);
- Unsure if other insurance (homeowners, travel, etc.) may be available;
- Fault may be an issue;
- Determining whether your insurer may be acting in bad faith (not looking out for your best interests);
- Seeking information on how to handle negotiations with an insurer;
- You don’t know your rights;
- Confused over the terms of your policy;
- Needing an expert to review confusing paperwork or forms.
Finding an attorney is easy and most attorneys listed provide free initial consultations. If you’re not certain that you want to contact an attorney, check out FreeAdvice.com Auto Accidents for FAQs or the Auto Accidents Forums section where you can post a question to see how others may have handled similar situations.
If I go to court for my auto accident claim and I lose, do I have to pay their costs?
Court costs should be of little worry in the grand scheme of your claim. The majority of claims never go to trial. In addition, a good lawyer is not going to put you in a position with paying costs under any circumstances. It is possible in some circumstances to pay costs if an offer of judgment is made, i.e. you refuse it and a verdict is for that amount or less.
There are no formulas to determine damages in a personal injury case. What's fair is based on what one could expect a reasonable jury would award and then factor in the costs and risks of suit. You need to move in a position of strength. That's only going to come by appearing that you know for certain what is fair and prepared to back up your demands if they treat you unfairly. Realistically, that means having a good trial lawyer, not just a lawyer who says they do personal injury work.
Take advantage of the opportunity to talk with the best local lawyer. You are under no obligation to hire the lawyer; you'll get some helpful information and make informed decisions on how to proceed.
I had an injury accident while driving a rental car. Who pays for my injuries?
Your own car insurance policy should cover your injuries, but other coverage may be available as well. Your insurance often pays your medical costs from a car accident whether you were driving your own car or a rental car. The policy usually carries a cap on medical expenses per person, such as $10,000.
If the accident happened in a "fault" state and another driver was responsible for the accident, that driver's insurance may ultimately reimburse you for medical expenses. If the accident occurred in a "no-fault" state, generally your insurance covers your own injuries; however, consult an auto accident attorney for how the laws of your state apply to your situation.
If you bought personal accident insurance (PAI) from the car rental company, it may duplicate some of the medical coverage you already have.
Other kinds of rental car insurance do not pay for injuries. Collision damage waiver (CDW) covers damage to the rental car. Personal effects coverage (PEC) pays for luggage and other personal items damaged in the car accident. Like the PAI, these other kinds of insurance may duplicate what you already have. Your car insurance probably covers damage to the rental car and your homeowners or renters insurance should cover your personal belongings.
May I be treated by my own doctor if I'm hurt in a car accident? What if I want to see a chiropractor for my injuries?
You should at least notify your insurance company. Some injuries grow worse over time. You generally may seek treatment from your own doctor for car accident injuries.
One exception is if you are making a workers compensation claim against your employer for a car accident that happened on the job. The workers comp insurer may ask you to see its doctor, and you will have to do so to receive workers comp benefits. Of course, that does not mean you can't see your own doctor; it means you may not get reimbursed for seeing your own doctor.
In a claim against another driver's car insurance company, you may see your own doctor, but if there is disagreement about the extent of your injuries, the opposing insurance company may require an (independent medical examination)�IME. The "opposing" doctor is often a specialist in your type of injury. You do not have to agree to see that doctor unless your claim becomes a lawsuit. If that happens, you will get formal notice (a subpoena) ordering you to see the opposing party's doctor.
That doctor will take your medical history, examine you, and ask you questions about the accident, your injury and any treatment you have received. The doctor will likely ask about any injuries you had before the accident, or any other pre-existing conditions. That doctor then makes a report. Your own doctor may review the report and add comments. The opposing party�s lawyer will use the report in settlement discussions or in court.
You need to be careful with alternative medical practitioners, even chiropractors. The other party is responsible for such medical bills if your lawyer can prove that the treatment was reasonable and necessary. But be aware that chiropractors, acupuncturists, osteopaths, and other alternative medical practitioners may not get the same respect as medical doctors from the court. If you have anything more serious than a minor, soft tissue injury (a muscle strain or sprain), your medical doctor is probably the way to go if you want to make sure you get reimbursement.
What if I am involved in a car crash with an uninsured driver?
Uninsured motorist insurance coverage pays for damages caused by a driver with no insurance. In many situations, that driver may have had insurance at one time, but let it expire. Underinsured coverage pays for damages caused by a driver with less insurance than is required to make you "whole."
It's important to protect yourself first by checking to see if you have uninsured/underinsured coverage on your policy, as your state may not require it. You can always add uninsured or underinsured coverage to your existing policy.
If you're in an accident, make sure you get contact information from the other driver, including insurance information, and give it to your own insurance company.
In the case of an uninsured driver, your insurance company may require a signed statement from the uninsured driver stating that he or she has no insurance. Then you may make a claim with your own company for all of your damages. In the case of an underinsured driver, you'll be compensated for your damages by the other driver’s insurance company up to their policy limits, and then make a claim with your own insurance company for the balance.
Uninsured and underinsured coverage may put you at odds with your own insurance company, especially if you disagree on whose fault the accident was or the extent of your injuries. The company may reduce your compensation if it decides you were at fault, even in a minor way. If you are in conflict with your insurance company, talk with a car accident attorney experienced in uninsured or underinsured claims.
VSIRC Database Provides Lawyers With New Ways To Help Car Accident Victims
A new database known as the Vehicle Safety Information Resource Center (VSIRC) which consolidates information on recalls, complaints, crash and compliance tests and defect information provides lawyers with new ways to help compensate victims of car accidents.
What is the VSIRC?
The VSIRC is basically a database that has consolidated a great deal of valuable information into one place. According to the company’s website, www.vsirc.com:
[The] VSIRC provides critical research tools and access to government data and documents on motor vehicle safety… [which] allow users to quickly and easily identify vital information that is difficult to access and search, inaccessible through the government web portals, or no longer available from the National Highway Traffic Safety Administration [NHTSA].
In addition to the above, the VSIRC also has hard to find information on foreign recalls and is supposedly adding early warning reporting data from manufacturers that details injury, death and property damage claims relating to certain vehicles.
All of that may be a mouthful, but the bottom line is that, 1) it makes finding safety data easier, and 2) it can help car accident victims in product liability cases.
Database important in product liability cases
Legal experts say that the database will be extremely important in product liability cases, which tend to go hand in hand with car accident cases. In the past, lawyers often had a difficult time trying to find data on the NHTSA’s website, and when they did find it, they would have to download hundreds of different documents. The process was extremely cumbersome and time consuming.
Now, all of that information is in one place and lawyers may be able to search for additional information to help their clients in the process. And as they say, information is power. That power is important to victims of car accidents because it allows their attorneys to present more, and better, evidence of a vehicle’s safety records. The end result is that victims may realize faster, and potentially higher, settlements and damage awards.
A complete information about accident law... great...must review.
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