Justia Legal Resources: Car Accidents Legal Center

In a matter of moments, a car crash can change a victim’s life forever. However, they may have important legal rights to assert. The Car Accidents Legal Center at Justia can help guide them through these challenging times.

Approximate Read Time: 4 Minutes

A car accident can be painful and frightening, leaving both physical and mental scars. As they try to put their lives back together, victims may want to explore their legal options. This is where the Car Accidents Legal Center at Justia can help. As one of the dozens of Justia Legal Guides that we offer, it aims to inform and empower ordinary people. Below are some of the common questions that may arise after a crash, to which the Car Accidents Legal Center provides general answers.

What should I do after a car accident?

A victim should make sure to get any needed medical attention, but they may want to address other concerns if possible. Ideally, they should take photos of the accident scene and get the contact information of witnesses. Photos and witness testimony can become vital evidence in an eventual claim. State law may require a driver to report an accident to the police if it caused injuries or extensive damage. Even if this is not required, getting the police involved can help. An officer will produce a police report that describes what happened and offers an assessment of who was at fault. A driver also should report the crash to their insurer as soon as possible.

What types of damages can I get for a car accident?

A victim usually can get two main categories of damages: economic damages and non-economic damages. Economic damages account for objective costs, such as medical expenses, lost wages if the victim missed time from work, and lost earning capacity if their injuries affect their ability to work in the future. In contrast, non-economic damages involve more subjective forms of harm. The most common form of non-economic damages is the pain and suffering that the victim endured.

What happens if I was partly at fault for a crash?

Under a strict rule called contributory negligence, a few states prevent a victim from recovering any damages if they were at fault to any extent. However, most states apply a version of comparative negligence. States that use pure comparative negligence reduce the damages award by the victim’s percentage of fault. States that use modified comparative negligence reduce the damages award by the victim’s percentage of fault unless it reaches 50 or 51 percent, depending on the state. In that situation, they cannot get any damages. Justia provides a 50-state survey of car accident laws that addresses issues such as these.

How does no-fault insurance affect a car accident case?

Twelve states have a no-fault insurance system, although a consumer can opt out in three of these states. “No-fault” means that a victim can get compensation from their own insurer without proving the fault of anyone else. However, they cannot recover non-economic damages through this system. No-fault states allow a victim to go outside the no-fault system to pursue non-economic damages if they have suffered serious injuries, or sometimes if they have incurred medical expenses above a certain threshold.

Can I sue anyone for a single-vehicle crash?

Just because you were not hit by another driver does not mean that you were entirely to blame. Some single-vehicle crashes, such as rollovers, may result from a mechanical malfunction or another auto defect involving the manufacturing or design of the car. In that case, a victim might have a product liability claim against the manufacturer. Or perhaps they could sue an entity that failed to properly maintain the road where the crash occurred if this played a role in causing it.

How can I get compensated after a hit and run?

Sometimes the police never find a hit and run driver. In other cases, a driver may have fled the scene because they did not want to get caught for lacking insurance. Most of these drivers cannot pay a damages award from their personal assets. If a victim had uninsured motorist insurance, though, they can pursue a claim with their insurance provider. Some states require drivers to get uninsured motorist insurance, and this makes sense even if it is not required.

When is a driver’s employer liable for an accident?

When an at-fault driver was in the course and scope of their employment, the employer may be liable for an accident even if it did nothing wrong. This rule is called vicarious liability. (However, an employee commuting to work is generally not considered on the job.) An employer like a trucking company also may be directly liable under a theory such as negligent hiring, which means that it put an employee behind the wheel who was unfit to drive.

What happens if I was hit by an Uber driver?

Uber maintains insurance for accidents caused by its drivers in certain situations. Coverage up to $1 million is available if an Uber driver was carrying a passenger or had accepted a ride when they caused a crash. If the driver was logged into the app but had not accepted a ride, Uber provides contingent coverage of up to $50,000 per injured person and $100,000 per accident. This takes effect if the driver’s individual insurance does not fully cover the victim’s damages. If the driver was not logged into the app, Uber insurance does not apply. A victim would need to rely on the driver’s individual insurance in these cases.

Can a driver text or talk on the phone?

Recognizing the risks that distracted driving poses, every state except Montana prohibits texting while driving. Over half the states prohibit handheld use of a phone while driving. No state has banned cell phone use entirely for adult drivers, though. Justia offers a 50-state survey of distracted driving laws that focuses on cell phones.

Can I sue a bar that served a drunk driver who hit me?

Most states have enacted statutes called “dram shop” laws, which allow a victim of a drunk driving accident to sue the bar that served the driver in certain situations. Often, dram shop laws apply when a bar served someone who was underage or intoxicated. Some of these laws also may impose liability on a social host who served a drunk driver. Justia provides a 50-state survey of dram shop laws and some key cases addressing this issue.

Should I hire a car accident lawyer?

A victim may be able to handle the process on their own after a minor crash that another driver clearly caused. However, if they suffered serious injuries, or if fault seems uncertain, they may want to work with a lawyer who can protect their interests. Car accident attorneys generally do not charge any fees upfront for their services. Instead, they collect part of the compensation that they recover for a client.

Final Thoughts

A car accident can impose physical, emotional, and financial burdens on a victim and their family. This makes it critical to pursue any legal recourse that may be available. While there is no substitute for consulting a personal injury lawyer after a crash, the Car Accidents Legal Center provides a useful reference. Like the other Justia Legal Guides, it furthers Justia’s mission of making the law free and accessible for all.

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