Car Accidents (2025)

Editorial Team

ConsumerShield

Reviewed By Adam Ramirez, J.D.

Editor

September 13, 2024 Read in 1 min

Summary

Car accident claims involve assessing negligence and liability, often with help from legal representation.
Determining fault can be complex, especially when multiple drivers are involved, and laws vary by state.
Insurance typically covers some medical and repair costs, but fault allocation affects the payout.

Those involved in a car accident often sustain injuries, sometimes serious ones. Vehicles suffer damage, at times they are totaled. The U.S. legal system plays a pivotal role in resolving disputes over liability and determining which party bears the financial burden for medical treatments, pain and suffering and vehicle repairs.

When you’re involved in an accident as the result of another driver's negligence, you may be entitled to recover your damages. Damages may include any injuries you sustained and any costs you incurred like medical bills, prescription drug costs, lost wages due to time missed from work, etc. An experienced auto accident lawyer can help maximize your compensation.

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Understanding Car Accident Claims

Car accident laws merge principles of traffic law and personal injury law. Someone harmed in a car accident has the option to hire a lawyer to enforce their rights.

Should negotiations stall, the lawyer is prepared to initiate legal action. Through the examination of police reports, photographic evidence and other evidence, the courts endeavor to pinpoint the cause of the accident. The party found responsible is typically required to cover the other's medical bills, property repair costs, and additional damages including lost earnings and pain and distress.

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The Complexity of Fault

Assigning fault in car accidents isn't always clear-cut, especially when multiple drivers share responsibility. The laws dictating how fault should be apportioned and financial obligations determined vary by state. Some jurisdictions demand that a single party cover all expenses, while others distribute financial responsibility proportionately based on each party's fault.

The Function of Auto Insurance

Auto insurance policies often cover a portion of the repair costs or the replacement value of the damaged vehicles, in addition to certain medical bills. There is a broad spectrum of mandatory insurance coverage across different states.

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Assessing Liability

The criteria for establishing fault differ by vehicle type and are designed to offer more protection to more vulnerable users like pedestrians and cyclists. Due to their susceptibility to more serious injuries, these groups are afforded additional considerations.

Given their vehicle's agility and speed, motorcyclists are subject to a different set of traffic regulations. Truck drivers, possessing professional training and certification, are expected to adhere to a higher standard of road safety. With a significant number of truck drivers in the US, accidents involving trucks introduce additional complexity in liability determination since trucks are usually owned by commercial entities. This expands potential liability to include both the driver and the company owner under the doctrine of Respondeat Superior, which holds employers accountable for the actions of their employees performed within the scope of their employment.

If you or a loved one has been the victim of someone else's negligence on the road, contact an experienced auto accident attorney as soon as possible after your accident. Read on to learn more information on the different types of collisions, how auto insurance works and what you should do after a car accident.