Car Accident Cases Part II

Continued from: Car Accident Cases & Personal Injury

Personal Injury Cases in Car Accidents

When a personal injury case exists (except for non-serious injuries in no fault states) there are two possible ways that the case can be resolved:

1.    It can be resolved by the plaintiff suing the other driver, proving in court the elements of the tort described above, and getting damages (or losing the case if he doesn't prove fault or damages).
2.    It can be resolved by a plaintiff settling outside of court. This means the insurance company of the responsible driver will accept fault and make an offer to the plaintiff of a set amount of compensation. The plaintiff will need to consider the settlement and if he accepts, he gives up his right to ever bring a lawsuit and gets to receive the settlement income.

The vast majority of personal injury car accident claims settle outside of court, many before a plaintiff ever even considers filing a lawsuit. The plaintiff, for example, may be injured and let his insurance company and the other insurance company know. The other insurer may immediately accept fault and offer to pay the plaintiff's bills and damages. The plaintiff may accept, sign the release of liability and collect the money and no court may ever need to be involved.

If things don't happen that way, however, then the plaintiff can escalate the case to a personal injury lawsuit and file a suit in civil court. The case may still settle after the lawsuit is filed if the insurer decides they don't want to take a chance. If it doesn't settle, it could end up in front of a jury.

Icy Roads and Dangerous Road Conditions

Sometimes, when a person is believed to be responsible or at fault for an accident case, he or she may argue that other things were actually responsible for causing the accident, aside from negligence. For example, it may be argued that icy roads, bad road conditions or even defective vehicle parts (like faulty brakes) were responsible for causing the accident. When there was some other cause of the accident, it may be a valid defense against the driver's liability and/or it may allow a driver to recover damages from a third party. Exactly what is going to happen when an outside cause is asserted is going to depend on just what the responsible driver is alleging:

A driver who is in an accident caused by something like bad road conditions may be able to sue the government responsible for maintaining the roads in order to collect any damages incurred. However, this isn't always possible, especially when the claim is that the roads were icy, as governments usually have immunity from lawsuit for icy roads. Furthermore, when roads are icy, drivers are expected to be aware of that and behave more prudently. This means it may be considered negligent if a driver failed to be careful, once again placing the liability onto him. If the lawsuit is that the road itself was dangerous, it may be easier to hold the government responsible but there are still state immunity issues that need to be considered.

A driver who is in an accident caused by faulty car parts may have a product liability claim against the manufacturer of the parts or of the car. Product liability claims are judged by different standards than a car accident case, and strict liability rules may govern to allow the driver to collect his or her damages even without proving negligence on the part of the car maker.

These cases are often much less straightforward than standard car accident cases, and there may be multiple defendants who are jointly and severally liable for all damages that occurred.

Defining Damages

When car accident damages are referred to, it generally means any losses suffered as a result of accidents, or accident related injuries. Typically such damages may include:

• Medical bills
• Lost wages
• Pain and suffering
• Emotional distress
• Additional damages for wrongful death if someone died in the accident
• Punitive damages when applicable (such as in cases where the defendant's behavior was especially bad, like a drunk driver)

These categories of damages would be considered if a car accident case went to court, and should also be considered when a driver settles outside of court.

Because these factors are going to be different in every case, it is also important to note that there are not really any reliable averages to determine how much you should get for a car accident or injury. Each case must be evaluated based on the respective party's level of fault as well as the nature and severity of injuries suffered.

Car accident cases can become legally complicated and can also result in large amounts of money changing hands. If you have been involved in a car accident and there were injuries or other damages suffered, it is imperative to seek legal counsel. An experienced car accident attorney can guide you through the entire car accident claims process to help ensure your rights are protected and that you get what you deserve.

Next Steps

7. Medical Malpractice
8. Toxic Torts
9. Wrongful Death

Have an Injury Case?