The Basics of Car Accident Cases

Motor vehicle accidents are the main contributor to accident cases in the U.S. This isn’t surprising, given that more than 36,000 people died due to motor vehicle accidents in 2019, according to the NHTSA. Car accident victims are often overwhelmed, as most don’t know where to begin.

Liability and insurance regulations for car accidents vary from one state to another. If you are involved in a car accident, below are the basics to keep in mind as you pursue your car accident case.

Determining the Car At Fault

In most states, the car at fault is held liable for financial expenses associated with personal injuries and vehicle damage. Most states adhere to the traditional fault principles, which transfer financial and legal responsibilities of the car accident to the driver at fault. This means that the at-fault drivers’ insurance company should step up and cover most of these claims. However, this may be different if you reside in one of the few no-fault states.

Even though insurance guidelines significantly impact personal injury claims, there is no bigger issue than determining the driver at fault or who caused the accident. In some accidents, determining the driver at fault is straightforward. For instance, a driver may have violated state traffic codes or unwritten traffic rules.

However, determining the driver at fault isn’t easy in other accident scenarios. For instance, there should be proof of negligence proving that the driver is liable for the accident. Other things to be established include:

• Breach of legal duty: There should be proof that the at-fault driver breached their legal duty of care. Every driver owes other road users, be it passengers, cyclists, or other drivers, a legal duty of care.
• Breach of legal duty led to injuries: Proving that the driver breached their legal obligation isn’t enough proof for car accident cases. The driver’s breach or negligence should directly link to the accident or injuries.

Shared Fault in Auto Accidents

Shared fault is when the plaintiff shares some blame for causing the accident. This can affect the total compensation awarded to the plaintiff, and in some situations, they may not be compensated at all. The impact of shared fault depends on specific state laws. These rules will also determine if the car accident lawsuit will proceed to trial.

In pure comparative fault states, the injured driver who shares fault for the accident can still receive compensation from the at-fault party. However, compensation is calculated to mirror the plaintiff’s share of contribution to the accident. For instance, if you are 60% responsible for the accident with potential compensation of $5000, you will receive maximum compensation of $3000.

Some states have modified comparative fault states, where the plaintiff collects compensation from the defendant only if their contribution to the accident is less than 50%. As a result, you won’t collect any benefits in the example above since you contributed 60% to the accident.

Endnote

There is a lot to know about car accident cases that may confuse ordinary persons. For instance, you should find out if your state adheres to contributory negligence laws and many other things that influence the outcome of car accident cases. Fortunately, specialized car accident attorneys, such as AKD law, can expertly provide better guidance and handle your car accident cases.