Injured - The FindLaw Accident, Injury and Tort Law Blog

Motor Vehicle Accidents

Motor Vehicle Accidents are the leading cause of personal injury lawsuits in America. According to the NHTSA, someone in the United States is involved in a car accident every ten seconds. Generally, most lawsuits involving car accidents are brought about using theories of negligence. Sometimes, however, personal injury lawsuits could be brought under the theory of reckless driving, where the driver had a clear disregard for the probability of accident. Other theories under which a motor vehicle lawsuit could be brought are intentional misconduct and even strict liability. Strict liability imposes responsibility regardless of fault, but is usually only ever imposed in cases involving product defects or extra hazardous activities.

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When a person is injured in an auto accident, they may be entitled to recover monetary damages for their injuries. In some circumstances, an injury victim can be entitled to recover after suffering an emotional, or mental health, injury, such as post traumatic stress disorder (PTSD), as a result of a car accident. Unless the mental health injury rendered a person incapacitated, they will need to file a lawsuit within the normal time period allowed by their state to file.

While uncommon, in severe auto accidents, particularly when there is a loss of life, severe injuries, or maybe just a whole lot of property damage, it is easily foreseeable that an individual could suffer from PTSD. However, to establish a personal injury case based upon a PTSD diagnosis can be rather challenging. Unlike broken bones, cuts, bumps, and bruises, a mental health injury may not visible on the surface.

Bicycle injury accidents occur with regular frequency in most cities where bicycle delivery services are common. When a bicyclist is involved in an injury accident, there are specific issues that can arise if the injured person was working as a bicycle courier or messenger.

Whether the cyclist is at fault, or the other party was at fault, there are similar considerations that non-cyclists should be aware of when it comes to accidents with bicycle messengers. If the bicyclist was currently engaged in a delivery, or was en route to make a pick up, there is a chance that the cyclist will be covered under an employer's workers' compensation policy, regardless of who is at fault. Cyclists should avail themselves of workers' compensation, if it is available to them, as failing to do so could result in a reduction of the potential damages.

Although cars still can't simply fly over traffic, technology has gotten us to the point where driverless cars are a reality. Despite the promise of this technology leading to a future without car accidents, driverless cars have a long way to go. Since the limited deployment and testing of autonomous cars started recently, there have been numerous accidents, and even a fatal crash, that have been attributed to auto-pilot modes or driverless vehicle automation.

These crashes have led many folks to wonder: who's responsible for a driverless car crash? While the answer may seem to be as simple as asking who owns the vehicle, this might not actually be the case, or provide adequate relief in jurisdictions, like California, that limit vehicle owner liability.

Tire blowouts on the road are scary. Whether it’s your own tire, or the tire of an adjacent vehicle, tire blowouts frequently lead to damaged vehicles, car accidents, and injuries.

Determining liability in a tire blowout crash is often more complex than in other auto accidents. Apart from regular old driver negligence that may have occurred, there are potential product liability claims.

Every winter, when the roads get icy, accidents happen. Cars and ice just don’t mix, especially if you throw a hill into the equation.

However, when the cause of two cars colliding is an icy road, the driver that slides is likely to find out that they can blame it on the ice but they can’t escape liability (financial responsibility). This is due to the way that the legal theory of negligence works, which is the most frequently used legal theory in lawsuits stemming from auto accidents.

When a pedestrian or cyclist gets hit by a car, it is a frightening experience. Cars are large, heavy objects that, even at low speeds, can cause severe injuries to individuals.

After a car accident with a pedestrian, it is important for the pedestrian to take a few steps to ensure that they will be able to hold the at-fault driver accountable, similarly to a regular car accident. While it may be impossible for an injured pedestrian to do anything after getting hit by a car, if they are able to do the following, it may greatly improve their legal prospects.

If you've been injured in a car accident, you'll generally need to prove two main elements to win a lawsuit for damages: that the accident was someone else's fault, and that you were injured. Evidence of your physical injuries, as well as the financial costs of medical care and lost wages, will often be the most important details of your case. So what medical evidence will you need for your car accident case?

Here's a look:

When protesters take to the streets to have their voices heard, drivers that get stuck in traffic often suffer the consequences. While most drivers are simply made late getting to and from where they need to be, drivers that get caught in the thick of a march or protest face a much scarier situation.

In most states, even when protestors are illegally marching in the street, if a driver hits a protester, they could face both civil and potentially criminal legal liability. However, in states like North Dakota and Tennessee, legislatures are trying to pass laws that would provide limited civil and criminal immunity to drivers that injure protesters who are obstructing traffic.

Snapchat, which achieved notoriety for its disappearing picture messaging app, has pulled off a different kind of vanishing act, but this time in court. The app company was being sued as a result of their speed filter for photos that the plaintiffs alleged encourages unsafe driving. Snapchat managed to have the case against it dismissed recently via a court motion, although the driver that caused the car accident while Snapchat-ing was not so fortunate and remains in the lawsuit.

Snapchat’s speed filter works by overlaying the speed a person is traveling on top of their snap (or photo). In the lawsuit, the injured driver plaintiff alleged that the defendant driver that caused the accident was not only using the Snapchat app at the time of the accident, but was deliberately speeding in order to take pictures using the speed filter showing a high rate speed.

Although Snapchat claims that they warn users not to “snap” and drive, the plaintiffs were seeking to hold the app maker liable, particularly because there have been other dangerous accidents caused by the irresponsible use of this particular filter and Snapchat had been put on notice of the dangers.

Most of us look at a fender bender and think we don't need a lawyer. Even victims in more serious car accidents will wonder if hiring an attorney is too expensive or worth the cost. And while it's true that lawyers don't often provide legal services for free, not hiring one could end up costing you even more in the long run.

The total cost of hiring a car accident attorney will depend on both the particular attorney and the particulars of your case, but there are some general principles regarding legal fees, so here's a look.