Car accidents make up a significant portion of lawsuits and insurance claims in the U.S. annually. Even though there are more than 6 million accidents annually in the U.S., they can be attributed to just a handful of common causes. The leading causes of car accidents are:
- Drunk Driving – Drunk driving is far more common than you might think. The National Highway Traffic Safety Administration says that 1 in 3 people will be involved in a drunk driving accident during their lifetime. The use of illicit drugs before or while driving also impairs the driver and can lead to accidents.
- Disobeying Traffic Laws – The violations that cause the greatest number of accidents are speeding, failing to yield to another driver, running a red light or stop sign, and failing to signal a turn or lane change.
- Distracted Driving – Many things can lead to distracted driving accidents. Much attention has been focused on texting while driving, but other actions also give rise to accidents, such as adjusting the radio and tending to a child in the backseat.
- Bad Weather – Rain, snow, fog, icy roads, and bright sunlight can all cause car accidents.
- “Drowsy Driving” – Estimates say that tired drivers are a factor in about 1 in 5 traffic fatalities.
Accidents can give rise to legal claims made through lawsuits in civil court. The basis for the lawsuit will be negligence. The theory of negligence essentially states that when an individual or entity owes a duty to act reasonably towards others and fails to uphold this duty, an injured party may be able to file a lawsuit against them.
The most common reasons for car accident lawsuits are when someone was physically injured or when their car or other property was damaged as a result of the accident. These cases will result in a monetary damages award to compensate the injured party for the costs they’ve incurred.
If the injured party’s car insurance already paid their insured client for the damages they sustained in an accident, then the insurance company will pursue the legal claim on the injured party’s behalf to recover the amount they paid out from the at-fault driver or their insurance company.
Some car accidents can also lead to criminal consequences, such as those involving drunk driving or disobeying traffic laws.
Can the Cause of a Car Accident Affect the Outcome of a Case?
The cause of a car accident will most assuredly affect the outcome of a car accident lawsuit. legal suits involving car accidents turn on which (if any) party is deemed to be at fault for the accident. Which party is deemed at fault will depend on the circumstances leading to the accident, as well as which theory of contributory or comparative negligence is followed in the state where the accident occurs. If a police officer issued a ticket to one of the parties, that is almost always proof that this driver was at fault.
Unsurprisingly, the party who is found to be at fault will be the one who has to pay for the damages they caused. Car accidents caused by reckless or dangerous behavior will result in a much higher amount of monetary damages awarded by the court than would be in a case that involves simple negligence.
A person who recklessly disobeys traffic laws by speeding or running red lights will likely face a lawsuit if they cause an accident resulting in injuries or property damage. The injured party will receive money for any costs they incurred due to the accident, such as medical expenses or repair costs. In addition, in some jurisdictions, the plaintiff may be given an award for punitive damages (some states do not allow for punitive damages; others limit the amount that can be awarded).
Punitive damages are monetary damages awarded by a court to punish the wrongdoer for their actions and deter others from engaging in the same behavior. Because the purpose of punitive damages is to punish wrongful behavior, the amount awarded for punitive damages can be very high.
In comparison, a car accident that was caused by bad weather will likely result in significantly less damage because the driver will not be seen as being as much at fault. If the driving conditions made a car accident essentially unavoidable, then they might not be required to pay damages at all.
Cases that involve drunk or impaired driving can result in the most severe consequences for an accident. In addition to having to pay for the physical injury or property damage they caused, a drunk driver will almost always be charged criminally and may be subject to penalties such as jail time and fines and temporary or permanent loss of their driving privileges.
What if the Injured Party Also Contributed to Causing The Accident?
Many times, there is more than one cause for a car accident. A driver injured in an accident may be partly at fault because they contributed in some way to causing the accident. For instance, if someone was texting while driving and collided with another car at an intersection, that driver is likely to be found to be one cause of the accident. However, If the injured driver improperly failed to yield to the first driver, both parties bear some fault.
Similarly, an accident may occur when both cars were speeding at the time of impact. It may be difficult or impossible to tell whether the collision would still have occurred if one or both of the drivers weren’t speeding, and so both parties will most likely be judged to be the party responsible for the accident.
When the fault is shared in a car accident, certain details of the theory of negligence followed in the state where the crash occurred will come into play. Two legal theories cover these situations: comparative negligence and contributory negligence.
In an accident case, whether there may be more than one cause, the court will assign a percentage of fault to each party. For example, the judge or jury might find that the defendant’s actions were 70% of the cause of the accident, and the plaintiff was 30% at fault. In states that follow the comparative negligence theory, the plaintiff’s award from the defendant will be reduced by 30%. These states reduce a damages award proportionate to each party’s level of fault.
Other states follow a theory called contributory negligence. In those states, a damages award may be completely disallowed if the injured party is deemed to bear even a minimal amount of fault in the accident.
Do I Need a Lawyer for Help With Car Accident Claims?
Understanding the leading causes of car accidents can be of great assistance in avoiding accidents. However, despite knowing how to drive carefully while on the road, you still may find yourself involved in a car accident, whether another driver caused it or was just unavoidable given the circumstances at the time.
If you were involved in a car accident that was not your fault, you deserve to be compensated for the costs associated with any physical injuries or property damage that resulted. Alternatively, if you were involved in a car accident and were at fault, you will want to take steps to minimize your liability and the monetary damages that you are required to pay out.
If you’re dealing with a car accident claim, it is always wise to at least consult with a qualified car accident lawyer in your area. Many lawyers will offer a free consultation to give you an idea of whether you have a viable legal claim or are subject to liability for having caused a collision.
Your attorney can advise you on the laws specific to your area and can guide you throughout the entire litigation process, from start to finish.
