One of the most common types of legal disputes in the US is one involving a car accident. They represent about 60% of the 16,400 tort cases successfully resolved in state courts. Going to trial is a daunting prospect for the majority of individuals. However, you might need to initiate a lawsuit if you and the insurance provider cannot agree on a settlement. You might be liable for the damages if you were in an automobile accident. This article outlines the basic information regarding car accident lawsuits.
Table of Contents
Car Accident Lawsuits Settlements
Determining Liability
In most states, the party responsible for a car accident will be held financially liable for any injuries sustained and any damage to the vehicle.
Although insurance policies significantly impact claims, how the law determines liability is the most crucial aspect of each vehicle accident claim. In most car accident cases, proving negligence is necessary to establish liability.
Car accident claims are nearly generally founded on a theory of negligence in states where no fault is inapplicable or when thresholds have been satisfied. Every driver has a duty to drive safely. Driving intoxicated or under the influence of drugs while breaking traffic laws could be considered negligent.
Shared Fault
Some collisions result from the irresponsible or careless driving of multiple drivers. In this case, insurance adjusters might determine that both parties contributed to the accident. From a liability perspective, the state determines how the case will develop. Some states adopt theories of negligence that can diminish or eliminate the driver’s liability for injuries where the victim was also irresponsible. These are known as comparative and contributory negligence.
- Contributory Negligence: Where the victim’s carelessness caused the car accident, driver culpability might be completely eliminated.
- Comparative Negligence: This may lessen the driver’s responsibility because the accident was caused partly by the victim’s carelessness.
Comparative negligence can be further divided into:
- Pure Contributory Negligence: This allows accident victims to receive compensation for their damages even if they contributed more to the collision than the other motorist did.
- Modified Comparative Negligence: Restricts accident victims’ compensation when their negligence exceeds a certain threshold. In some states, a victim who bears more than 50% of the blame is ineligible for compensation.
Car Accidents In No-Fault States
The likelihood of litigation is lower in jurisdictions with “no-fault insurance” rules. In these states, unless the incidents involved drugs, drinking, or criminal behavior on your part, your insurance is required to pay for your personal injuries up to the policy limit. No-fault insurance does help to lower the frequency of vehicle accident lawsuits by offering a faster process to receive compensation.
Legal Assistance
Insurance companies are frequently contacted concerning car accident claims even before a case is filed. Insurance firms will undoubtedly have legal counsel, sometimes even a whole team of attorneys. You should speak with a local car accident attorney if you’re considering filing a lawsuit over a claim related to a car accident.
Lawyers for auto accidents frequently work with insurance companies. They have the expertise and tools to look into the incident, gather proof, get medical records, and submit a thorough claim. Seasoned car accident lawyers are also skilled negotiators who can get you the highest settlement possible for your injuries and damages.
Final Thoughts
Most personal injury cases, including vehicle accidents, start as insurance claims. A victim of an accident has the right to sue a driver who was at fault for their injuries to recover damages. However, most car accident attorneys advise that you initially try to settle with the insurance provider. For all parties involved, going to court is a time-consuming and expensive process, and there is no assurance that you would receive a higher award from a jury than you would in a settlement.
