Motor Vehicle Accidents: Injured
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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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Maybe it was a parking lot fender bender that didn't seem to cause any damage or an accident that occurred when someone else was driving your car.

Whatever the case may be, if you are contacted by another party regarding a car accident, you may be taken by surprise. And unfortunately, doing or saying the wrong thing may have repercussions in the event of an accident lawsuit.

So what should you do if you're contacted about a car accident?

A handful of states are reconsidering a certain brand of highway guardrails after investigations revealed they were harming drivers instead of protecting them.

Trinity Industries, the manufacturer of the highway guardrails, reportedly made a change to its design in 2005, one that allegedly can cause the guardrail to impale an impacting vehicle rather than curl out of its way. The New York Times reports that guardrails with this questionable design were installed "coast to coast" over at least seven years, prompting a rival company to sue under federal law.

How are states' responses and this federal lawsuit working to remove allegedly dangerous guardrails from the nation's highways?

Wearing your seat belt isn't just a good idea, safety-wise; it's also generally required by law.

That being said, not everyone wears a seat belt all the time, whether because of forgetfulness or conscious choice. What happens when a person who is not wearing a seat belt is involved in an automobile accident and is injured?

Can you still sue if you weren't wearing a seat belt? The short answer is yes, but it may be more difficult to recover the full amount of your damages in some states.

If you drive with any regularity, the odds are good that at some point, you'll be involved in some form of automobile accident.

And while accidents that result in serious injury or death frequently lead to accident injury lawsuits, what about an accident that may just be considered a fender bender? Although any instance in which another person's negligence or recklessness has caused you property damage or injury may be grounds for a lawsuit, you may want to think twice before bringing a lawsuit for a relatively minor car accident.

When is a fender bender worth a lawsuit? Here are a few considerations:

Being the passenger in an automobile involved in an accident can be a helpless feeling, as you have no control or power to avoid the crash.

But when it comes to recovering for your injuries in court, being the passenger in an automobile accident may allow you to recover damages more quickly than those who may have been behind the wheel, as you likely had no fault in causing your own injuries or the injuries of others.

So if you're a passenger in a crash, whom should you sue?

Getting in an accident with another car is one headache, but your frown may get upgraded to a mega-frown when you hear you've hit a city or state government-owned vehicle. Or maybe it hit you.

Don't worry, you can fight City Hall. Whether you were in an accident with a police car or a trash truck, you do have options when crashes involve government-owned vehicles.

Here are five tips for accidents involving state or city vehicles to get you started:

When you meet with a personal injury attorney for a consultation, you don't want to show up empty-handed.

You want to give your potential lawyer all the information you can so she can make an accurate evaluation of your injury case. That won't exactly work if you leave crucial documents at home or at the hospital.

So make sure you bring these seven types of documents to your personal injury consultation:

You may assume that if you were speeding before a car accident, you have no chance of winning. But that's not necessarily true.

Depending on the laws in your state, you can get compensation in your car accident case even if you were violating the speed limit before your accident.

Want to know how? Check out the legal principles governing when speed limit breakers can recover in a car accident case:

Many drivers practice what's known as "parking by Braille": They keep moving until they feel a bump. And those bumps may be more meaningful for car owners who come back to find their cars dented and dinged.

In the best of all possible parking worlds, some sort of fairy would appear and leave a detailed note on your car -- rife with contact and insurance information -- every time your parked car was hit. However, back in the real world, you may have to get the law involved in order to get some compensation for your parking lot woes.

Here are three ways to get legal compensation for parking lot dents and dings:

Crashing a rental car can be a real nightmare, but you can try to prepare for the worst. Not only are there practical tips you can follow, but you should also consider the legal ramifications.

Getting into a crash in your own car creates enough legal problems, but when dealing with a rental agency and your insurance company and the other party, you may be ready to pull your hair out figuring out where to start.

Not to worry, here are your five first legal steps when involved in a rental car crash: