General Information about Automobile Accidents

Personal injury cases stemming from automobile accidents are by far the most common in our justice system today.  This can hardly be surprising, since the majority of Americans own their own car. Personally owned passenger vehicles share the roadways with each other as well as large trucks and commercial vehicles. Most Americans operate or ride in a car on a daily basis, and many will be involved in at least a small automobile accident over the course of their lifetime. This large probability makes it doubly important for you and your family to know what to do before an accident happens. It is a wise course of action to research top quality automobile accident personal injury attorneys before you need them, so you know who to call right away if you or a loved one are involved in an automobile or other accident.

 
Q: “Who is at fault?”

A: The term “fault” when used in the context of a personal injury or automobile accident case, often refers to the negligent party in the accident. Negligence in a automobile accident refers to someone who did not exercise “reasonable care” while operating their vehicle. Automobile accidents often happen too quickly for the parties involved to register the facts accurately. You may not even remember clearly what happened. This is when it becomes important for your automobile accident lawyer to establish the negligence of the other driver.

Q: “What makes a driver negligent?”

A: The law specifies a number of actions that constitute negligence. Some of the most common are:

• Ignoring posted speed limits. Slow or excessive speed.
• Disobeying posted traffic signs and signals
• Failure to signal turns
• Poorly maintained vehicle (i.e. missing head lights or brake lights, faulty brakes.)
• Driving under the influence of alcohol or drugs.
• Driving on the wrong side of the road or in restricted areas.
• Unsafe operation for weather or traffic conditions.

There are many other examples of an automobile operators negligence. Your auto accident attorney will be able to help you determine how and why the parties involved in your accident were negligent.

Q: “How do we prove it?”

A: An experienced automobile accident lawyer will be able to help you put the pieces back together, by using the testimony of witnesses, police reports, traffic laws and patterns, and even the skid marks at the scene and damage done to the cars. For this reason, it is always a good idea to take pictures of the accident scene if you are able to. Photograph both cars, any skid marks, and the surrounding road, making sure to show the position of the cars on the road and any pertinent traffic signs or lights. Also try to get the names and contact info for any witnesses. The police who respond to the accident should gather similar information, as well.

Causes of Automobile Accidents

In addition to negligence, an at-fault driver may be charged with reckless conduct. Intentional or reckless conduct is applied to a driver who operates a vehicle with “willful and wanton disregard” for the likelihood that their actions will endanger others. This can lead to criminal charges in some cases.

“Road Rage” is a term used to describe an aggressive form of reckless driving in which the driver of an automobile uses his or her car as a type of weapon in order to threaten or harass other drivers or automobiles. In plain English, this means that anyone who threatens to use their car to force another off the road, anyone who throws anything such as a bottle or a liquid onto another car, or any fight that takes place between to sparring operators, even if they get out of their vehicles to engage each other, can be considered Road Rage, and can be prosecuted as a criminal offense.

According to the NHTSA, or National Highway Traffic Safety Administration, aggressive driving behavior includes a progression of unsafe and unlawful driving habits that include tailgating, speeding,  headlight flashing, sudden or excessive lane changes, erratic speed alterations, failure to signal properly, failure to check surroundings before maneuvering, passing on the shoulder or in the emergency lane, and other improper passing.

We have all seen aggressive drivers on the highways, and may have even had experiences where another driver was threatening you for some reason or another. These aggressive drivers are responsible for thousands of injuries and deaths every year, and are a danger to everyone around them. The traffic safety administration and law enforcement officials are trying many new ways to identify and penalize these dangerous drivers.

Q: “How do I avoid an accident with an aggressive driver?”

A: If you encounter an aggressive driver, the National Highway Traffic Safety Administration gives the following guidelines for avoiding a confrontation.

• Always attempt to get out of the way, however possible, even if it means momentarily exiting the roadway.
• Do not challenge the aggressive driver by trying to hold your position or match their speed.
• Do not make eye contact. This can encourage further aggression.
• Do not gesture at the other driver. Even if they are engaging in such activity, do not return gestures.

Always report aggressive or dangerous driving.
Have a passenger call the police and give the make, model, and license plate number as well as the direction and road they are traveling. If you are by yourself, memorize as much of this information as possible, and pull over to a safe area before calling the police.

Drunk Driving

Recent statistics show that on average, someone in this country dies every thirty minutes in an alcohol related automobile accident, and millions more are injured every year. Alcohol increases aggression, removes inhibition, and slows motor control, creating a driver who is angry, not able to react with their normal reflex speed, and unwilling to admit their inability. This is a recipe for disaster, and millions of Americans are guilty of driving under the influence, even if they haven’t been caught, yet.

An intoxicated driver can cause significant damage, injury, and even death. The driver in an alcohol related accident may not be the sole responsible party, however. An establishment such as a bar or a club may be held responsible as well if they kept serving someone who was obviously already intoxicated, who was then allowed to leave, drive, and hurt someone. In this case, a bar may be liable for damages caused by it’s patrons. This does not diminish the guilt of the intoxicated driver, but does allow the victim more than one resource for compensation. Other individuals or companies may be liable for your alcohol related automobile accident case, and if you consult a personal injury attorney familiar with alcohol related automobile accidents, he or she will be able to help you determine who is responsible, often suggesting individuals or businesses you might never have considered.

Q: “What if the accident was not caused by either driver?”

A: Sometimes this happens. One common example is when an accident occurs because one of the automobiles has a manufacturers defect, such as faulty brakes or tires. In this case, the manufacturer of the car or part in question may be liable to both drivers for their damages. This would be considered a case of product liability, where a manufacturer is held accountable for selling or designing a defective product, or marketing a product in a defective or misleading way. In these cases, the manufacturer does not have to be negligent. It just has to be proven that the product or marketing was defective, and directly caused the injuries in question.

A similar example would be if a mechanic repairs the brakes on a car and does not reconnect them properly, which in turn causes an accident. The brakes themselves might be perfectly fine, but the mechanics human error caused them to fail. In this case, the mechanic, and possibly the shop he works for and it’s owner, may be charged with negligence, and be liable for damages to both parties in an accident.

Outside forces may also contribute to accidents. A roadway ridden with pot holes, malfunctioning traffic signals or crooked traffic signs may cause accidents. Trees with foliage that blocks a clear view while making turns, poorly placed poles or decorations, and other major design flaws such as drainage and lighting issues, as well as dangerously placed construction or maintenance equipment, might be considered negligence by the governing bodies of that area. Of course there are many more complicated laws pertaining to lawsuits brought against government bodies and officials, so retaining an experienced automobile accident attorney in these cases in crucial to winning a verdict in your favor.

The one thing that all these individual cases have in common is the need for prompt and knowledgeable intervention from a personal injury lawyer who can help to preserve evidence and determine the best possible way for the victims and their families to recover the most compensation available for their injuries and damages.

Return to Main